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1992 Supreme(Pat) 161

S.ROY, S.N.JHA
Usha Brecco Ltd. And Others – Appellant
Versus
State Of Bihar – Respondent


Judgment

S.Roy, J.

1. Petitioner No. 1 is a Company (Company for short) incorporated under the Indian Companies Act. Petitioner No. 2 is one of its Director and petitioner No. 3 is one of its share holder. They have prayed for quashing Annexure 13, letter written by respondent No. 2, Bihar State Tourism Development Corporation Limited, the (Corporation for short) to the Company on 8-4-1991 by which the Company was informed that as it has failed to pay all outgoing liabilities, which included payment of arrears of electricity dues under Clause 5(a) of the agreement (Annexure 4), the Corporation on 8-4-1991 took possession of the aerial rope way at Rajgir along with connected sheds, buildings and other accessories and for, appropriate order not to interfere with Companys possession.

2. During the pendency of the writ petition by letter dated 15-4-1991 the Corporation gave notice under Clause 13(a) of Annexure 4 to the effect that Annexure 4 would stand revoked terminated on the last date of month completing three months notice, i.e., at the end of July, 1991.

3. On 9-11-1984 the Company entered into an agreement with the Corporation for operating aerial rope way at Rajgir, which belon














































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