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2002 Supreme(Bom) 539

D.Y.CHANDRACHUD
Mine Manager, Manganese Ore (India) Ltd. & another – Appellant
Versus
Shyam Kunjilal Yadav – Respondent


JUDGMENT - Dr. CHANDRACHUD D.Y., J.:---The applicant before the Court is a Government Company within the meaning of section 617 of the Companies Act, 1956, in which, 81.57% of the share capital is stated to be held by the Central Government, whereas, the balance 18.05% has been held by the Governments of the State of Madhya Pradesh and Maharashtra. The applicant, it has been stated, was formed for the purpose of taking over a company incorporated in the U.K. by the name of CPMO. CPMO held mining leases which were also taken over by the applicant.

2. The dispute in the present case relates to quarter No. 446 situated at Wahitola Mansar, Tahsil Ramtek, which, according to the applicant is in the unauthorised occupation of the respondent. On 29th January, 1982, the applicant moved the Estate Officer, appointed under the provisions of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 for an order of eviction against the respondent on the ground that he was in unauthorised occupation of the aforesaid premises. On 20th July, 1982, a notice came to be issued to the respondent to vacate the premises and it would be necessary to note that the basis on which the respondent wa







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