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2023 Supreme(Raj) 44

MANINDRA MOHAN SHRIVASTAVA, SHUBHA MEHTA
State of Rajasthan – Appellant
Versus
UltraTech Cement Limited – Respondent


Advocates:
Advocate Appeared:
For the Appellants :Ms. Sheetal Mirdha Additional Advocate General assisted by Mr. Prateek Singh Advocate.
For the Respondents:Mr. K.K. Sharma, Mr. Vivek Tankha Senior Advocate, Ms. Alankrita Sharma Advocate, Mr. Madhusudan Singh Rajpurohit Advocate, Mr. Prashant Sivarajan Advocate, Mr. Rohan Talwar Advocate, Mr. Tushar Saigal, Mr. Molik Purohit, Mr. Rahul Yaduvanshi Advocate.

JUDGMENT :

Manindra Mohan Shrivastava, J.

1. This appeal is directed against order dated 01.09.2021 passed by the learned Single Judge in S.B. Civil Writ Petition No. 356/2017, whereby, writ petition filed by Respondent No. 1-writ petitioner has been allowed and learned Single Judge has directed the appellants-State to execute mining lease in favour of Respondent No. 1-writ petitioner-company and also directed for handing over the possession to Respondent No.1-writ petitioner, while issuing ancillary directions.

2. Respondent No. 1-writ petitioner filed writ petition aggrieved by inaction/refusal on the part of the appellants in the matter of execution of mining lease in its favour on pleadings inter alia that Respondent No. 1-writ petitioner is a company incorporated and registered under the provisions of the Companies Act, 1956 (hereinafter referred to as ‘the Companies Act of 1956’) and is the successor of M/s. Grasim Industries Limited. According to Respondent No.1-writ petitioner, under a scheme of arrangement (demerger) entered into between M/s. Grasim Industries Limited and M/s. Samruddhi Cement Limited on 18.05.2010, entire cement business of M/s. Grasim Industries Limited was


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