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2021 Supreme(HP) 42

VIVEK SINGH THAKUR
Mahle Filter Systems India Ltd. (Formerly Purolator India Ltd) – Appellant
Versus
Himachal Pradesh Urban Development Authority (HIMUDA) – Respondent


Advocate Appeared:
For the Petitioner: :Ms Manisha Gandhi, Senior Advocate, with Mr. Suvineet Shamra & Mr. Rahul Mahajan, Advocates.
For the Respondent:Mr. Bhupinder Gupta, Senior Advocate, with Mr. Ajeet Singh Jaswal, Advocate, Mr. Desh Raj Thakur, Additional Advocates General and Mr. R.P.Singh, Deputy Advocate General, Mr. T.S. Chauhan and Mr. Abhay Kaushal, Advocates.

JUDGMENT :

VIVEK SINGH THAKUR, J.

1. These interconnected two petitions are being disposed of by this common judgment.

CWP No.888 of 2010

2. M/s Mahle Filter Systems India Ltd. (formerly Purolator India Ltd.) (hereinafter referred to as Petitioner – Company), by way of this Writ Petition, has approached this Court, assailing Office Order dated 25.2.2010, Annexure-1, passed by CEO-cum-Secretary, Himachal Pradesh Urban Development Authority (HIMUDA) – respondent No.1, whereby petitioner - M/s Mahle Filter Systems India Ltd. has been called upon to deposit an amount to the tune of Rs.15,80,97,144/- alongwith interest at the rate of 14% per annum from 12.6.2009 till its realization, on account of 50% unearned increase with respect to Plots No.14 to 15, Sector- 1, Parwanoo, for alleged transfer of these plots from M/s Purolator India Ltd. to a new company M/s Mahle Filter Systems India Ltd., without taking prior permission/consent of the lessor, i.e. HIMUDA, causing violation of Clause- 2(v)(a) of Lease Deed executed between HIMUDA and M/s Purolator India Ltd.

3. Facts emerging from the pleadings are that petitioner-Company was originally incorporated in the name of M/s Purolator India Ltd.

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