ARUN MADAN
R. T. Udyog Pvt. Ltd. – Appellant
Versus
State of Rajasthan – Respondent
(a) not to modify sale agreements term dated 19.4.93 with Gouri Cements (P) Ltd. as unit sold in public auction held on 26.3.93;
(b) not to allow the purchaser Gouri Cements (P) Ltd. in possession of the petitioners unit in the event of breach of agreement term dt. 19.4.93;
(c) to sell petitioners unit by public auction in case of breach of sale agreement dt. 19.4.93 so also by affording opportunity to the petitioner to offer highest bid so as to receive back the unit;
(d) to pay to the petitioner No.1 balance of sale proceeds of the unit after adjusting his dues, alongwith interest @ 22% p.a. from 26.3.93 (auction date) till its payment of alternatively to give unconditional guarantee for such balance amount alongwith interest;
(e) to submit monthly account to the petitioner No.1 until payment of balance amount with interest.
(f) to issue discharge certificate letter to the Registrar of Companies Kolkata releasing personal guarantee and securities furnished by the promoters against the term loan.
(2). Alok Tibrewal (petitioner No.3) is the shareholder and Director of RT Udyog (P) Ltd. and Swas
3. Gujarat State Financial Corporation vs. M/s. Lotus Hotels (P) Ltd. (AIR 1982 Guj. 198)
1. Maganlal vs. M/s. Jaiswal Industries (AIR 1989 SC 2113).–Distinguished.
2. Mahesh Chandra vs. UP Financial Corp. (AIR 1993 SC 935 = 1993(78) Company Cases 1)
5. Siemens Engg. & Mfg. Co. of India Ltd. vs. Union of India (AIR 1976 SC 1785)
6. L. Hirday Narain vs. Income Tax Officer (AIR 1971 SC 33)
11. U.P. Financial Corporation vs. Gem Cap (India) (P) Ltd. (1993(2) SCC 299)
12. KSFC vs. Micro Cast Rubber (1996(5) SCC 65).–Followed.
8. Subhari Papers (P) Ltd. vs. Haryana Financial Corporation (1998(1) PLR 77)
9. M/s. Srinivasa Kandasari Sugars vs. State (AIR 1976 AP 93)
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