Back
IN THE HIGH COURT OF ALLAHABAD
Anil Kumar, Saurabh Lavania, JJ.
IFCI Ltd. Thru Its Authorized Signatory - Petitioner
Versus
Lucknow Municipal Corporation Thru Municipal Commissioner & Ors. - Respondents
Misc. Bench No. - 4517 of 2013
Decided On : 29-04-2020
| Table of Content |
|---|
| 1. dispute over auction proceedings and lease. (Para 2 , 3 , 4 , 5 , 6) |
| 2. nature and terms of lease agreement. (Para 7 , 8 , 9 , 10 , 11) |
| 3. role of ifci ltd. in mortgage and auction. (Para 12 , 13) |
| 4. arguments against the auction legitimacy. (Para 14 , 15 , 16 , 17) |
| 5. failure to pay lease wipes rights to renew. (Para 18 , 19 , 20 , 21 , 22 , 23) |
| 6. court findings on claims and remedies. (Para 24 , 25 , 26 , 27) |
| 7. clarification on duty of secured creditor. (Para 28 , 29 , 30 , 31 , 32 , 33 , 34) |
| 8. implications of 'as is' clauses in auctions. (Para 35 , 36 , 37 , 38 , 39) |
| 9. rights of parties and auction transparency requirements. (Para 40 , 41 , 42) |
| 10. discernment of property rights and auction implications. (Para 43 , 44 , 45 , 46 , 47) |
| 11. court's conclusion regarding leases and renewals. (Para 48 , 49 , 50 , 51) |
| 12. final disposition of claims and court's orders. (Para 52 , 53 , 54 , 55) |
| 13. entitlement for refund and interest management. (Para 56 , 57 , 58) |
| 14. final ruling on petitions and remedies. (Para 59) |
JUDGMENT :
Saurabh Lavania, J.
1. Heard Sri Kuldeep Pati Tripathi, learned counsel appearing for Lucknow Nagar Nigam, Sri Asit Chaturvedi, Senior Advocate, assisted by Sri G. S. Misra, Advocate appearing for IFCI Ltd., Sri J. N. Mathur, Senior Advocate assisted by Sri Mudit Agarwal appearing for Shalimar Corporation Ltd. and Sri Manjiv Shukla, Additional Chief Standing Counsel for State.
2. In both the connected writ petitions, primarily, the subject matter of dispute is the property/land measuring 2,17,936 sq. ft. of the Sullage Farm situated at Village Ujariyon Gaon, District-Lucknow and it appears that keeping in view the same, both the writ petitions were clubbed vide order dated 31.05.2003 passed in Writ Petition No.4517 (MB) of 2013 filed by IFCI Ltd.
3. The Writ Petition No.2397 (MB) of 2013 was filed by Lucknow Nagar Nigam (in short "L.N.N.") challenging the auction proceedings of property/land in issue carried out by IFCI Corporation Ltd. The main prayers sought in the writ petition are as under: -
(2) Issue writ, order or direction in the nature of mandamus commanding the opposite parties to stop further proceedings of confirmation of Sale of the land measuing about 2,17,936 sq. ft. land of Sullage Farm situated in Village-Jugauli (earlier Village-Ujariyaon) leased out to M/s Uptron Digital System Limited (M/s Uptron India Ltd.)."
4. The Writ Petition 4517 (MB) of 2013 was filed by IFCI Ltd. challenging the order dated 20.03.2013, whereby the L.N.N. determined/terminated the lease of the property/land in issue with effect from 19.06.2013 and the order dated 06.04.2013, whereby the L.N.N. has refused to accept the arrears of lease rent which was deposited by IFCI Ltd. During the pendecy of writ petition the relief for quashing of the order dated 19.06.2013 (Annexure No.20A to the writ petition) was added through amendment. The main prayers sought in the writ petition are as under:-
To issue a writ, order or direction in the nature of certiorari to quash the impugned order dated 19.06.2013.
To issue a writ, order or direction in the nature of mandamus commanding the Lucknow Municipal Corporation not to interfere in the enjoyment of lease hold rights of the property in question by the petitioner.
To issue a writ, order or direction in the nature of mandamus commanding the Lucknow Municipal Corporation to consider the renewal of the lease in respect of the prope
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
