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1970 Supreme(SC) 500

A.N.GROVER, J.C.SHAH, K.S.HEGDE
Jatan Kumar Golcha – Appellant
Versus
Golcha Properties Private LTD. – Respondent


Judgment

GROVER, J.:- This is an appeal from a judgment of the Rajasthan High Court holding that the appellant was not entitled to file an appeal against the order of the Company Judge directing sale of lease hold rights of the Golcha Properties (P) Ltd. (in liquidation) in the land belonging to the appellant.

2. The facts briefly are that on November 5, 1960, an agreement was entered into between the appellant the respondent Company allowing Golcha Properties (P) Ltd. to construct a cinema theatre within three years from the issue of the No-Objection Certificate on land measuring 42,900 sq. feet at Bhagwandas Road, Jaipur belonging to the appellant. The Company deposited a sum of Rs. 5 lakhs by way of security. In October 1963 no objection certificate is stated to have been issued for construction of a cinema theatre. In 1966 a petition for winding up of the company was filed in the Rajasthan High Court. On May 10, 1968 an order for winding up of the Company was made and a liquidator was appointed. On July 11, 1969 the Official Liquidator made a report to the Company Judge for sale of the lease-hold rights of the Company in the land belonging to the appellant and the structures st






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