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2004 Supreme(Guj) 784
Gujarat High Court
Judgename :K.A.Puj
LAVE NARENDRASINHJI JAGATSINHJI VAGHELA - Appellant
Versus
O.L.OF KALOL MILLS LTD. - Respondent
COMPANY APPLICATION324 of 1994
Decided On : 12/21/2004
Headnote:
Companies Act, 1956 - Bombay Land Revenue code - Company Application is filed by one seeking direction to Official Liquidator of Mills Limited to return back to applicant possession of that portion of land which was owned by applicant and which was not let out by him to Mills Limited applicant has further prayed for direction to Official Liquidator to return to applicant that portion of land which was given on rent by applicant to Mills Limited or in alternative to pay rent to applicant at rate of respect of said portion of land which was given on rent to Mills Limited - Application was rejected by this Court along with other applications order and judgment and it was held therein that possession of land in question could not be handed over to applicant-landlords for reasons stated in said judgment – Appeal seeking review of order and judgment - Being aggrieved by and dissatisfied with said order and judgment applicant has filed Appeal in Company Application – Held, From above discussion Court is of view that applicant has failed to establish his case before Court and on basis of remote and far-stretched documents belated claim of applicant can neither be entertained nor be allowed - So far as Company Application is concerned challenge is order of Print Officer passed on which is absolutely unlawful and unsustainable on many grounds - First of all appeal filed by landlord being opponent in this application was hopelessly time barred - No reason much less any convincing reason is given in order for condo nation of delay – Though Mills Company is liquidation neither any permission Act was sought for before filing said appeal nor Official Liquidator was joined as a party said appeal - Despite pendency of Company Application before this Court said fact was not disclosed and order was fraudulently obtained by suppressing material facts - Even on merits also in light of discussion made and view taken in Company Application Plant Officer is not justified in passing impugned order said order is hereby quashed and set aside - City Survey Superintendent is hereby directed to cancel entry made in Revenue records pursuant to impugned order – Appeal allowed (Para 27)
( 1 ) COMPANY Application No. 324/94 is filed by one Mr. Narendrasinhji Jagatsinhji Vaghela, seeking direction to the Official Liquidator of Kalol Mills Limited, Kalol to return back to the applicant, possession of that portion of the land which was owned by the applicant and which was not let out by him to the Kalol Mills Limited (in liquidation ). The applicant has further prayed for the direction to the Official Liquidator to return to the applicant that portion of the land which was given on rent by the applicant to the Kalol Mills Limited (in liquidation) or in the alternative, to pay rent to the applicant at the rate of Rs. 670. 75 p. a. in respect of the said portion of the land which was given on rent to Kalol Mills Limited.
( 2 ) THE above application was rejected by this Court (Coram: D. A. Mehta, J.) along with other applications, vide order and judgment dated 30th July, 2002 and it was held therein that the possession of the land in question could not be handed over to the applicant-landlords for the reasons stated in the said judgment.
( 3 ) THE applicant thereafter moved Company Application No. 29/03 in Company Application No. 324/94 seeking review of the order and judgment dated 30/7/2002 passed by this Court in Company Application No. 324/94 in Company Petition No. 163/89 in so far as it related to the land bearing City Survey No. 132 admeasuring 28 308 Sq. Mtrs. . of revenue Survey No. 1/1, village Kalol, District-Gandhinagar, as the said portion of land has not been leased to the Kalol Mills Limited (in liquidation) and it was also prayed that after reviewing the said order, the opponent be directed to return back the possession of the said land to the applicant. The applicant has also moved a draft amendment in the said application requesting the Court to restore the Company Application No. 324/94 to its original file with respect to the prayer (a) made therein. The said application was rejected by this Court (Coram: D. A. Mehta, J.) on 28/02/2003 as the Court found that no case was made out for review of the order and judgment dated 30/7/2002.
( 4 ) BEING aggrieved by and dissatisfied with the said order and judgment dated 28/02/2003, the applicant has filed O. J. Appeal No. 11/03 in Company Application No. 29/03 with Company Application No. 120/03. The said O. J. Appeal was decided and disposed of by the Division Bench vide its order dated 28/3/2003. The Division Bench has quashed and set aside the order dated 28/02/2003 and directed the learned Company Judge to hear the Company Application afresh in the light of the observations made by the Division Bench and after considering the records produced in O. J. Appeal by the learned AGP before the Division Bench. Pursuant to the said order of the Division Bench, the Learned Company Judge (Coram: D. A. Mehta, J.) passed an order dated 12/12/2003 in Company Application No. 28/03 restoring the Company Application No. 324/94 and directing the office to place it for order before appropriate Court as per the roaster.
( 5 ) IT is in the above background of the matter, the Company Application No. 324/94 is placed before this Court for considering the prayer (A) made in the said application.
( 6 ) COMPANY Application No. 244/04 is filed by the Official Liquidator praying for quashing and setting aside the order dated 30th September, 2002 passed by the Prant Officer, Gandhinagar in City Survery/appeal/essar/53/2001. The Official Liquidator has further prayed for the direction to the Opponent No. 1 and 2 not to implement and act as per the said order dated 30th September, 2002 passed by the Prant Officer, Gandhinagar. He has also prayed for the direction to the opponent no. 2 in the said application to cancel the entry made in the revenue records pursuant to the order dated 30th September, 2002. The Official Liquidator has further prayed for the declaration that the land bearing Survey No. 132 is properly demised by the opponent No. 1 upto Ahmedabad Manufact
