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2007 Supreme(SC) 1129

S.B.SINHA, MARKANDEY KATJU
Syndicate Bank – Appellant
Versus
Estate Officer & Manager, A. P. I. I. C. Ltd. – Respondent


Counsel for the Parties :
For the Appellant :Adarsh B. Dial, Sr. Adv., Ms. Sumati Anand and Rajiv Nanda, Advocates.
For the Respondent:Vahanavati, Solicitor General, A.K. Ganguli, K. Ramamurthy, IIS. Gururaja, Sr. Adv., Devdath Kamath, Ms. T. Anamika, Guntur Prabhakar, S. Madhusudhan Basu, Mukesh K. Giri, Manoj Saxena, Rajnish Kumar Singh, Rahul Shukla, T.V. George, Jayant Muthuraj (for C.K. Sasi), Mrs. Manik Karanjawala and Anil Kumar Tandale, Advocates.

ORDER

On or about 19.03.1969, United Auto Tractor Ltd. (for short, ‘the Company’) filed an application before the State Government for allotment of 100 acres of land in the industrial area for setting up an industrial unit for the purpose of manufacture of agricultural tractors and implements. The Government of Andhra Pradesh pursuant to or in furtherance thereof made allotment of 51 acres of land in the Industrial Development Area, Nacharam, Andhra Pradesh to the Company for the aforementioned purpose in terms of an order dated 18.07.1972. On 03.08.1972, an agreement was entered into by and between the Government of Andhra Pradesh and the Company in relation thereto; some of the terms and conditions whereof are as under :

“6.Only on the completion and full payment of the entire consideration amount, the sale deed shall be executed and registered in the name of the company.

xxx xxx xxx

8(a)Without prejudice to the rights of the State Bank of India or any other financing agency approved by the Government as first mortgagees, Government have a second charge on the land, buildings, plant and machinery which shall be converted into a first charge when the obligation of the financing agenci























































































































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