R.DEVDAS
Fortune Pai Software Pvt. Ltd. – Appellant
Versus
Karnataka Industrial Area Development Board – Respondent
R.DEVDAS, J.
1. The 1st petitioner is a company incorporated under Companies Act, 1956 and the 2nd petitioner is a shareholder and Director of the company. The petitioners are before this Court raising a challenge to Annexures-V and Y which are communications issued by the respondent-Karnataka Industrial Areas Development Board (for short ‘KIADB’) calling upon the petitioners to pay a sum of Rs.9,63,46,100/towards difference in costs of land and EMD, in respect of 24,368 square mtrs. of land in plot Nos.29P1 and 30 of Electronic City, 2nd Phase Industrial area. The petitioners have also called in question a portion of approval letter dated 15.03.2010 issued by the Karnataka Udyog Mithra, which is respondent No.2 herein.
2. The brief facts of the case are as follows:
The Company by name M/s. SJK Hisoft India Ltd., (for short ‘SJK’) was allotted with the above mentioned industrial site in the year 2004. Pursuant to the allotment, SJK made payment to the KIADB amounting to a total sum of Rs.2,40,85,775/and possession of the site was handed over to SJK on 31.03.2005, along with possession certificate. A leasecumsale agreement was entered into between the KIADB and SJK on 03.08.2
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