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2014 Supreme(Pat) 958

R. M. DOSHIT, ASHWANI KUMAR SINGH
Bihar State Sugar Corporation Ltd. – Appellant
Versus
Ahmad Abdullah – Respondent


Advocate Appeared:
For the Appellants :Mr. Lalit Kishore, Sr. Advocate, Mr. Piyush Lall, Advocate. (In LPA No. 1354 of 2012, 1479, 1549, 1679, 1680, 1681), Mr. Jitendra Singh, Senior Advocate, Mr. Dhruba Mukherjee, Advocate, Mr. Satyabir Bharti, Advocate.(In 1387, 1462, 1489)
For the Respondent:Mr. Raghib Ahsan, Sr. Advocate, Mr. Khalid Ahsan, Mr. S.M. Sabir Alam & Mr. Deepak Kumar Singh, Advocates.( for Resp. Nos. 1 to 6 In LPA No. 1354,1387, 1479), Mr. Madhuresh Prasad, Mr. Prabhat Ranjan (for Resp. 7 & 8 in 1354), Mr. Madhuresh Prasad, Mr. Ravi Verma Advocate (for Resp 7, 8 & 12 in 1387), Mr. Lalit Kishore, Sr. Advocate, Mr. Piyush Lall & Mr. Gyan Shankar, Advocates (for Resp. 9 to 11 in 1387, for Resp. 10 &11 in 1462, for Resp. 7 to 9 in 1479, for Resp. 9 & 10 in 1489), Mr. Umesh Kumar Singh, Sr. Advocate & Mr. Khatim Reza, Advocates.(for Resp. 1 to 5 in 1462, 1679, 1680), Mr. S.K. Mandal Advocate (for Resp. 7 to 9 in 1462), Mr. Y. V. Giri, Sr. Advocate, Mr. Raju Giri & Mr. Ashish Giri, Advocates.(for Resp.1 in 1489, 1549, 1681), Mr. Lalit Kishore, Sr. Advocate, Mr. Piyush Lall Advocate (for Resp. 2 & 3 in 1549 for Resp.6 & 7 in 1679, for Resp.2 to 8 in 1489, 1681) Mr. Jitendra Singh, Senior Advocate, Mr. Dhruba Mukherjee, Advocate, Mr. Satyabir Bharti, Advocate (for Resp.4 in 1549, for Resp.8 in 1679, for Resp. 9 in 1680, 1681) Mr. Lalit Kishore, Sr. Advocate, Mr. Piyush Lall Advocate, S.K. Mandal Advocate (for Resp. 6 to 8 in 1680)

Judgment :

This group of Appeals preferred under Clause 10 of the Letters Patent arise from the common judgment and order dated 25th June 2012 passed by the learned single Judge in CWJC Nos. 8840/2006, 427/2008 & 710/2011.

2. The matter at issue is the acquisition of Motipur Sugar Factory, a Company within the meaning of the Companies Act, 1956 acquired under the Bihar Sugar Undertaking Acquisition Ordinance dated 27th October 1985 replaced by the Bihar Sugar Undertaking Acquisition Act, 1985 (Bihar Act No. 12 of 1985) (hereinafter referred to as “the Act of 1985”).

3. Under the provisions of the Act of 1985, the Government of Bihar acquired the Motipur Sugar Factory (hereinafter referred to as “the Sugar Factory”) and transferred the same to the Bihar State Sugar Corporation (hereinafter referred to as “the Corporation”). The Corporation is a Government Company owned by the Government of Bihar. Since its acquisition, the Sugar Factory has been given on lease to M/s Indian Potash Limited for running the factory. The action of the State Government or the Corporation in transferring the Sugar Factory on lease to M/s Indian Potash Limited (hereinafter referred to as “the Company”) has































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