WP(C) 4851/2003 BEFORE THE HON’BLE MR. JUSTICE AMITAVA ROY The petitioner’s claim is relatable to rent demanded to be payable to it by the respondent-Corporation for the latter’s occupation of its office-cum-godowns sit uated at Rang-ghar Char Ali, Sibsagar. I have heard Mr. M Bhuyan, learned counsel for the petitioner and Mr. PK Roy, le arned Standing Counsel, Food Corporation of India, assisted by Mr. SK Chakrabort y, Advocate. This Court, while issuing notice of motion on 24.06.2003, had, in the interim, d irected the respondent-Corporation to release the arrear rent at the admitted ra te. The essential facts in bare minimum necessary for the disposal of the instant pe tition are that the petitioner-Company is the absolute owner of the aforemention ed office-cum-godowns of which the respondent-Corporation is in occupation on an d from 07.03.1997, utilizing the same for storing of its food grains etc. There is no wrangle at the Bar that the rent payable by the respondent-Corporation for the possession thereof was initially computable at the rate of Rs. 1.35 paisa p er square ft. per month. Contending that the respondent-Corporation had been gro ssly irregular in payment of rent and also recording its claim therefor at an en hanced rate of Rs.2.30 paisa per square ft. per month, the petitioner approached this Court praying for an appropriate writ and/or direction to that effect. In support of its claim for rent at the enhanced rate of Rs. 2.30 paisa per square ft. per month, it relied on a certificate dated 11.10.2001 of the Deputy Commiss ion, Sivasagar. According to it, the certificate furnished an unassailable basis for its claim as a portion of the same Assam Type Structure was in occupation o f Army Personnel having been provided on the requisition of the Civil Authority of the State. The respondent-Corporation in its affidavit has not disputed the claim of the pe titioner for rent at the rate of Rs. 1.35 paisa per square ft. per month for the space in occupation by it on and from 07.03.1997, but referred to a internecine dispute of the petitioner-Company before the Company Law Board, New Delhi rende ring it unable to make the disbursement. It further disclosed that, though the p roceeding before the Company Law Board, New Delhi had, meanwhile, been disposed of, in view of two bank accounts furnished by the two Directors of the petitione r-Company, it has not been possible for it to make the deposit for the prevailin g uncertainty. The petitioner-Company in its affidavit-in-reply has brought on records the rele vant documents including the orders of Company Law Board, New Delhi to the effec t that the initial interim restraint on the payment of rent has since been vacat ed and that the petitioner-Company has now been permitted to operate its bank ac counts. Mr. Bhuyan, has urged that belatedly though, in compliance of the interim order of this Court as above, an amount of Rs. 19,37,079/- has been deposited by the r espondent-Corporation by way of rent at the rate of 1.35 paisa for godown Nos. 1 , 2 & 3 for the period from 07.03.1997 to 31.10.2003. Though, this amount was pa id on 12.05.2004, the arrear rent payable for the office-cum-godown comprising o f 2.400 sq. ft., even for that period has not been paid till date. Meanwhile, th ough, by letters dated 02.07.2009 the petitioner-Company has registered its dema nd for rent at this rate for the entire area in occupation of the respondent-Cor poration for the period from 01.11.2003 to 30.06.2009 amounting to Rs.22,85,269. 20, this amount has also not been disbursed. Further, the arrears in rent for 24 00 sq. ft. comprising the office-cum-godown for the period from 07.03.1997 to 03 .10.2003 have also not been remitted. The learned counsel without prejudice to the petitioner-Company’s claim for rent at the enhanced rate of Rs. 2.30 per sq. ft. per month, has submitted that thou gh, for the present, it would not insist for a direction of this Court to the re spondent-Corporation to make the payment of the resultant sum for the period fro m 07.03.1997 till date at that rate and that it may be left at liberty to pursue this claim before an appropriate forum, the respondent-Corporation ought to be directed to pay the arrear rent at the rate of Rs. 1.35 per sq. ft. per month as above and also for the period from 01.07.2009 till date. Mr. Roy though, has disputed the petitioner-Company’s claim for the rent at the enhanced rate of Rs.2.30 per sq. ft. per month as wholly unfounded, has not cite d any reason other than the one mentioned in the hereinabove in its pleadings vi s-a-vis its claim @ Rs. 1.35 paisa per sq. ft. per month. After hearing the learned counsel for the parties and on a consideration of thei r pleadings, this Court is of the view that it would be appropriate if the insta nt petition is closed with the following directions/observations: - i) The respondent-Corporation would pay the arrear amount(s) @ Rs. 1.35 paisa pe r sq. ft. per month within a period of one (1) month from today i.e. 21.03.2011. ii) For the rent at the above rate payable for the period commencing from 01.07. 2009 till 31.03.2011, the petitioner-Company would depute its authorized represe ntative to present himself before the General Manager, Food Corporation of India , Regional Office, Guwahati on 25.03.2011 at 11.00 A.M. In that eventuality, the aforementioned authority of the respondent-Corporation would cause the necessar y computation to be done. This amount would be payable to the petitioner-Company by 30th of April, 2011. ii) The respondent-Corporation would thereafter keep on paying the monthly rent at the above rate by the first week of the next month without fail so as to avoi d any kind of future litigation. This is principally in view of the admitted fact that pending adjudication of th e petitioner-Company’s claim for rent at the enhanced rate as above, it is entit led to receive the same at an agreed rate of Rs. 1.35 per sq. ft. per month. Not iceably, the computation of the amounts as conveyed by the letters dated 02.07.2 009 for the periods mentioned therein is not in dispute. In this view of the mat ter, the petitioner-Company is entitled to the same. The petition stands allowed in the above terms. It is made clear that this determination would not come in the way of the petiti oner-Company’s pursuit for further relief at the rate of 2.30 paisa per sq. ft. per month, if permissible in law. No costs.