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SONIA GOKANI, HEMANT M. PRACHCHHAK
Legal Heirs Of Deceased Fakirchand Ambaram Patel – Appellant
Versus
O. L. of M/s. Shri Amruta Mills Ltd. – Respondent
| Table of Content |
|---|
| 1. ownership and transfer of leasehold land. (Para 1 , 2 , 3) |
| 2. judicial review on lease continuity and rights. (Para 4 , 19 , 20 , 21) |
| 3. arguments regarding non-payment and lease termination. (Para 5 , 6 , 8) |
| 4. legal determination and binding conditions of lease. (Para 9 , 11 , 18) |
| 5. dismissal of appeals and order against possession. (Para 22 , 23) |
JUDGMENT :
HEMANT M. PRACHCHHAK, J.
1. The O. J. Appeal No.60 of 2003 is filed challenging the impugned judgment and order dated 30.07.2002 passed by this Court (Coram: Hon’ble Mr.Justice D.A. Mehta) in Company Application No.47 of 1993 in Company Petition No.72 of 1991 whereby the learned Company Judge rejected the said application. The O. J. Appeal No.13 of 2009 is filed challenging the impugned judgment and order dated 17.11.2008 passed by this Court (Coram: Hon’ble Mr.Justice K. A. Puj) in Company Application No.428 of 2008.
2. Brief facts of O. J. Appeal No.60 of 2003 are in nutshell as under:-
2.1 That deceased Fakirchand Ambaram Patel and deceased Shakerbhai Boghabhai and deceased Channabhai Boghabhal were owners of the land bearing survey No. 46/3, 47, 50/1 and 46/2 and they were in possession of the said land. The pr
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