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