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2009 Supreme(Guj) 768

JAYANT PATEL
Gujarat Industrial Development Corporation – Appellant
Versus
Official Liquidator – Respondent


Advocate Appeared:
For the Applicant :M.B. Gandhi and Chinmay M. Gandhi, Advocates.
For the Respondent:Indravadan Parmar, Advocate, Sandeep N. Bhatt, Advocate.
For the Official liquidator :Jani, Advocate.

JUDGMENT :

Jayant Patel, J.

The present application is preferred by GIDC in the capacity as the owner of the land seeking directions against the official liquidator of two types ; one is to hold and declare that the plot is of the ownership of the GIDC and it is not the property of the company in liquidation and the consequential direction prayed by the applicant is to declare that the possession of the official liquidator is illegal and void and to be handed over to GIDC. The other consequential reliefs are prayed by the applicant based on the aforesaid main reliefs.

2. Heard Mr. Gandhi for the applicant, Mr. Jani for the official liquidator, Mr. Parmar for respondent No. 2 and Mr. Bhatt for respondent No. 3.

3. It appears from the record produced before this court that the following are the admitted positions :

    (1) Whole estate of GIDC is owned by GIDC and the scheme of industrial estate in exercise of the powers under the Gujarat Industrial Development Act, 1962 has been floated over the land and particular plot has been allotted to the company in liquidation ;

(2) As per the scheme, initially possession has been handed over on licence basis and for such purpose the licence agreement

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