NON-REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL  NO(S).  4332/2009

SWADESHI COMMERCIAL CO. LTD. AND ANR. APPELLANT(S)

                               VERSUS

UNION OF INDIA AND ORS RESPONDENT(S)

J U D G M E N T

KURIAN, J.

The appellants are before this Court, aggrieved

by the judgment and order dated 30.11.2006 passed by

the High Court of Calcutta in A.P.O. No.361 of 2004

in W.P. No.892 of 2002.  Except for the divesting

part, the judgment is in favour of the appellants.

2. During the course of hearing, we have ascertained

that the respondents will surrender vacant possession

by 31.03.2020 and will clear all the dues within a

period of one month from today and will continue to

pay the same amount which was being paid towards use

and  occupation  charges  till  31.03.2020.   Ordered

accordingly.

3. In  that  view  of  the  matter,  the  appeal  is

disposed of leaving the question of law open.

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4. However,  we  direct  the  respondents  to  file  an

undertaking before this Court to this effect within

one month from today.

5. Pending  applications,  if  any,  shall  stand

disposed of.

6. There shall be no orders as to costs.

.......................J.               [KURIAN JOSEPH]  

.......................J.               [SANJAY KISHAN KAUL]  

NEW DELHI; AUGUST 14, 2018.

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