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2023 Supreme(Kar) 218

M. NAGAPRASANNA
Principal Chief Conservator of Forests (Head of Forest Force) – Appellant
Versus
Wind World (India) Ltd. – Respondent


Advocates Appeared:
For the Petitioner: Sri Dhyan Chinnappa, AAG a/w Smt. Shwetha Krishnappa, AGA.
For the Respondent:Sri K.G. Raghavan, Sr. Advocate for Sri Ajay J. Nandalike.

ORDER :

The 1st petitioner is the Principal Chief Conservator of Forests, Government of Karnataka. The State calls in question an order passed by the National Company Law Tribunal, Ahmedabad (‘the Tribunal’ for short) on an application filed under Section 60 of the Insolvency and Bankruptcy Code, 2016 (‘the Code’ for short).

2. Brief facts that lead the petitioners to this Court in the subject petition, as borne out from the pleadings, are as follows:-

The respondent – M/s Wind World (India) Limited (hereinafter referred to as ‘the Company’ for short) was granted a lease by the Karnataka Renewable Energy Development Corporation Limited in respect of land measuring 221.80 Hectares under a lease deed dated 03-09-2003. The land granted for lease was a Forest land. The lease was for a period of 15 years and came to an end on 19-06-2018. The Company applies for renewal of lease on 09-01-2020 and the same was pending consideration before the Competent Authority. Meanwhile the Company requests the State to permit it to start the wind mill as the same would get damaged if it is not put into functioning. The request of the petitioner was considered and to safeguard the interest, pending consid

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