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2002 Supreme(Raj) 351

ARUN MADAN
R. T. Udyog Pvt. Ltd. – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
S.P. Mital with Megha Mital, for Petitioner Alok Sharma, for Respondent No.3 R.K. Limba, Dy. GM, RFC present R.P. Singh, for Respondent No.4

Honble MADAN, J.–By this petition, a writ of mandamus is sought for directing the respondents:-

(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





































































































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