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2002 Supreme(Jhk) 900

TAPEN SEN
Indo Asahi Glass Company Ltd. Hazaribagh – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the Petitioner: Mr. P.K. Prasad.
For the Respondents: M/s R.S. Majumdar, VN. Sahadeo, Mrs. J. Majumdar.

JUDGEMNT

Tapen Sen, J.-

Heard r. P.K.Prasad, learned counsel for the petitioner and Mr. V.N. Sahadeo assisted by Mrs. J. Majumdar for the respondents.

2. The petitioner is aggrieved by the order/letter dated 15.9.1992 as contained at Annexure 8, by reason whereof the Deputy Commissioner, Hazaribagh (Respondent No.3) has directed the petitioner to deposit the sum of, Rs. 1,72,500/- as Salami and has enhanced the rent at the rate of Rs. 8,625/- per annum, treating the petitioner's lease to be a commercial lease.

3. The short facts which are necessary to be stated in this case, are that the Ministry of Industry, Government of India and the Industrial Financial Corporation of India jointly invited/requested the Asahi Glass Company Ltd. of Japan to set up an industrial venture by purchasing the assets of Sodepur Glass Company which was then under liquidation with the Industrial Financial Corporation of India. Subsequently, the Asahi Glass Company Ltd. invested a huge capital and remodeled the entire infrastructure and the setup and subsequently the petitioner company, namely, the Indo Asahi Glass Company Ltd. came into existence.

4. The petitioner has further stated that taking into conside












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