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2007 Supreme(P&H) 1592

HEMANT GUPTA
Swaraj Engines Limited – Appellant
Versus
Punjab State Industrial Development Corporation – Respondent


Advocates:
For the Appellant:Mr. M.L. Sarin, Sr. Advocate, with Mr. Vivek Sood, Advocate.
For the Respondent:Mr. N.S. Boparai, Advocate.

JUDGMENT

Hemant Gupta, J.:- The plaintiff is in second appeal aggrieved against the judgment and decree passed by the Courts below, whereby the suit for permanent injunction restraining the defendant recovering a sum of Rs.74,12,411.58p was dismissed on a preliminary Issue No.2, holding that the suit is not maintainable before the Civil Court.

2. The brief facts, as pleaded by the appellant, out of which the present appeal arises are that the State of Punjab acquired 157.99 acres of land in village Kumbra, Kambala, Kambali and Chilla, Tehsil Kharar, District Ropar. Out of such land, 80 acres of land was transferred to the defendant i.e. Punjab State. Industrial Development Corporation (for short ‘the Corporation’) by the State Government. Land measuring 12.8 acres out of the land transferred to the defendant was allotted to the plaintiff vide letter of allotment dated 15.1.1988. The plaintiff was required to pay a total sum of Rs.37,34,554/- towards the cost of the plot including development charges. The possession of the land was handed over to the plaintiff. Thereafter, the plaintiff invested Rs.4.40 crores on the construction of the building and installing machinery, equipment an




























































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