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2004 Supreme(Guj) 272

Gujarat High Court
Judgename :D.A.MEHTA
O.L.OF ARYODAYA SPG.and WEAVINGMILLS CO.LTD. - Appellant
Versus
CHARANSINGH DHUPSINGH - Respondent
COMPANY APPLICATION278 of 2001
Decided On : 04/16/2004

Advocates Appeared: K.N.PATEL, P.J.Kanabar, R.M.DESAI, SURESH M.SHAH

Headnote:

Constitution of India - Limitation Act, 1963 - 136 read with Section 27, 458-A, 64, 136, 137 - 27 Article 64,137 - Judges Summons have been taken out by the Liquidator of Spinning and Weaving Mills Company Limited originally seeking following reliefs other persons whose names are given in the list annexed hereto be directed to establish their right interest and title to reside in the property known at the premises on land bearing now included in Final Plot of Town Planning Scheme - It may be declared that whose names are given in the list annexed hereto are trespassers and encroachers in the said premises known as land bearing Survey City and now included in Final Plot of Town Planning Scheme that and others whose names are given in the list hereto annexed be directed to hand over the vacant and peaceful possession of the premises in occupation and if they fail to do so be removed from the occupation of the premises known as on land bearing Survey - City and now included in Final Plot Mo. of Town Planning Scheme - Learned counsel for the Official Liquidator of Spinning Mills and for State Bank of India - Report dated submitted by the Official Liquidator in the present proceedings it is directed that the Official Liquidator shall give a general notice to the occupants of the that if the occupants do not hand over the vacant and peaceful possession of the premises to the Official Liquidator within one week the Official Liquidator will take possession of the premises with the police protection as per the orders of this Court in the present proceedings - Notice shall be - Case the notice is not complied with it will be open to the Official Liquidator to move the police authorities and thereupon the Commissioner - Held, Respondent the legal heirs of deceased and persons or any other person claiming through the deceased or respondent have committed default in making payment of compensation in terms of decree dated and also the order dated made by this Court - Said persons are therefore liable to be evicted from the land in question being encroachers or unauthorized occupants of the premises - Liquidator shall give a general notice to the occupants of the that if the occupants do not hand over vacant and peaceful possession of the premises to the Official Liquidator within one week the Official Liquidator will take possession of the premises with police protection as per the orders of this Court in the present proceedings - Notice shall be - In case the notice is not complied with it will be open to the Official Liquidator to move the police authorities and thereupon the Police Commissioner City shall provide all necessary police protection to the Official Liquidator for recovering possession of the premises from occupants and also for removing construction put up on the land of Spinning Mills Ltd - Application is accordingly allowed.

D. A. MEHTA, J.

( 1 ) THE Judges Summons have been taken out by the Liquidator of Aryodaya Spinning and Weaving Mills Company Limited originally seeking following reliefs :- (A) that Shri Charansingh and 51 other persons, whose names are given in the list annexed hereto be directed to establish their right, interest and title to reside in the property known as Dhupsingh Chali at the premises of Aryodaya Spg. and Wvg. Mills Co. Ltd. (In Liquidation) on land bearing S. No. 646, Mouje Asarva, City Taluka, Ahmedabad, now included in Final Plot Mo. 4, 10 and 11 of Town Planning Scheme No. XVI (Asarva) Ahmedabad. (B) it may be declared that Shri Charansingh and 51 others, whose names are given in the list annexed hereto are trespassers and encroachers in the said premises known as Dhupsingh Chali, on land bearing Survey No. 646 Mouje Asarva, City and Taluka Ahmedabad now included in Final Plot Mo. 4, 10 and 11 of Town Planning Scheme No. XVI (Asarva) Ahmedabad. (C) that Shri Charansingh and 51 others, whose names are given in the list hereto annexed be directed to hand over the vacant and peaceful possession of the premises in occupation and if they fail to do so be removed from the occupation of the premises known as Dhupsingh Chali, on land bearing Survey No. 646 Mouje Asarva, City and Taluka Ahmedabad now included in Final Plot Mo. 4, 10 and 11 of Town Planning Scheme No. XVI (Asarva) Ahmedabad. "

( 2 ) ON 17-01-2002, the following order came to be made by this Court :" heard Mr DS Vasavda learned counsel for Textile Labour Association and Mr RM Desai learned counsel for the Official Liquidator of Aryodaya Spinning Mills Ltd. and for State Bank of India. 3. IN view of the report dated 16th January, 2002 submitted by the Official Liquidator in the present proceedings, it is directed that the Official Liquidator shall give a general notice to the occupants of the chawl that if the occupants do not hand over the vacant and peaceful possession of the premises to the Official Liquidator within one week, the Official Liquidator will take possession of the premises with the police protection as per the orders of this Court in the present proceedings. THE notice shall be in Hindi and Gujarati. 2. IN case the notice is not complied with, it will be open to the Official Liquidator to move the police authorities and thereupon the Police Commissioner, Ahmedabad City shall provide all necessary police protection to the Official Liquidator for recovering possession of the premises from unauthorised occupants and also for removing unauthorised construction put up on the land of Aryodaya Spinning Mills Ltd. S. O. to 6th February, 2002. Sd/- (M. S. Shah,j)

( 3 ) MISC. Civil Application No. 5 of 2002 has been preferred by respondent Nos. 1/a to 1/f and the reliefs sought are as under :-"10. IT is, therefore, prayed that :a) Your Lordship may be pleased to kindly allow the petitioner No. 1 as resp. No. 64 and kindly recall the Oral Order (Annexure "a" herein ). B) Pending admission and disposal, kindly direct the respondent not to implement or execute the Order. "

( 4 ) SIMILARLY, Misc. Civil Application No. 6 of 2002 has been preferred by the 54 persons out of 61 persons seeking the following reliefs :-"7. THE applicants therefore, humbly pray to this Honble Court that :- (A) Your Lordships be pleased to admit and allow this Misc. Civil Application recalling the oral order passed on 17/1/2002 by this Honble Court (Coram : M. S. Shah, J.) in Company Application No. 278 of 2001 in Company Petition No. 33 of 1983 with Company Application No. 284 of 2001 in the facts and the circumstances of the present case and in the interest of justice; (B) Pending admission, hearing and final disposal of this Misc. Civil Application, Your Lordships be pleased to stay the operation, execution and implementation of the oral order passed on 17/1/2002 in Company Application No. 278 of 2001 in Company Petition No. 33 of 1983 with Company Application No. 284 of 2001 in the
















































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