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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
SANJEEV SACHDEVA, C.J., VINAY SARAF
M S Extol Financial Services Pvt. Ltd. Through Director Shri Gk Bhatnagar – Appellant
Versus
State of MP – Respondent
ORDER :
Vinay Saraf, J.
1. By the instant writ petition preferred under Article 226 of the Constitution of India, petitioner company is seeking following reliefs:
“(i) The Hon’ble Court be pleased to call for the entire record of the case.
(ii) Issue a writ(s) of certiorari, order(s) or direction(s)quashing the impugned order dated 6.5.2025(Annexure P/1).
(iii) Issue a writ of mandamus or direction directing the Respondents to execute lease deed for plot no. E2/12 Arera Colony, Bhopal after removal of all encroachments at the earliest and without insisting on the additional three conditions as held by the Hon'ble Supreme Court.
(iv) Direct the respondents to pay interest @18 percent per annum on the deposited amount and adjust the same against the balance amount to be paid by the petitioner for grant of lease and refund balance amount, if any to the petitioner.
(v) Grant such other relief as this Hon’ble Court deems fit and proper in the interest of justice.”
2. Shri Brian D’silva, Senior Advocate with Shri Sarabvir Singh Oberoi and Shri Aditya Khandekar, learned counsel appeared for the petitioner and Shri Vivek Sharma, learned Deputy Advocate General appeared for the respondent/State.
3.
Claims for land lease rights can be barred by delay, especially when previous agreements are accepted without protest.
(1) Whenever there is such a business/commercial transaction, it is always to be examined on commercial principles where equity has no role to play.(2) Where lease deed was to be compulsorily registe....
The cancellation of allotment was justified due to the petitioner's failure to comply with payment terms, emphasizing the importance of adhering to auction conditions and public interest.
A binding contract arises once a bid is accepted, requiring adherence to principles of natural justice before cancellation, especially when objections are pending.
The maintainability of a writ petition for specific performance is vitiated by delay and the principle that claims barred by limitation are not justiciable in writ jurisdiction.
The court held that once a bid is accepted in a public auction, it cannot be invalidated based on subsequent complaints without evidence of fraud or collusion.
Point of Law : Provisions of section 28(1) of the Specific Relief Act, 1963 in light of the provisions of Order XX Rule, 12A of the CPC, and it was held that the provisions of Order XX, Rule 12A mand....
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