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2015 Supreme(Guj) 479

HARSHA DEVANI
Official Liquidator of Commercial Ahmedabad Mills Ltd. – Appellant
Versus
Manager, State Bank of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant: R.M. Desai
For the Respondents: Pranav G. Desai

Judgment

Harsha Devani, J.

1. The official liquidator has taken out this judges' summons praying for a declaration that the alleged possession of the land of the company in liquidation situated at Survey No. 39 and 41, T.P. Scheme No. 14, F.P. No. 24 of Dariyapur, Kazipur, Ahmedabad, admeasuring approximately 27.71 square metres taken by the Government of Gujarat without obtaining leave and permission of the company court under section 446 of the Companies Act, 1956 (hereinafter referred to as "the Act") is illegal and void. The official liquidator further seeks a declaration that the alleged continuation of proceedings under the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as "the ULC Act") without obtaining leave and permission of the company court under section 446 of the Companies Act, 1956, is illegal and void and that the alleged declaration of land as surplus is illegal and void. A further declaration has been sought that by the alleged disturbing of custody of this court, the Government of Gujarat has committed contempt of court and may not be heard till it purges the contempt. In the affidavit-in-support of the judges' summons, it has been stated th


























































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