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2024 Supreme(Online)(MEGH) 483

HIGH COURT OF MEGHALAYA
Mr. Justice H. S. Thangkhiew, J
MAXIM INFRASTRUCTURE AND REAL ESTATE (SHILLONG) PVT. LTD. – Appellant
Versus
STATE OF MEGHALAYA AND 3 ORS. – Respondent


Advocates:
For the Petitioner(s):Mr. S. Jindal, Adv. with Mr. I. Kharmujai, Adv., Ms. T. Pohlong, Adv.; For the Respondent(s): Ms. S. Ain, GA with Mr. E.R. Chyne, Adv.

Table of Content
1. background of the case (Para 1)
2. petitioner's arguments on waiver (Para 2 , 3)
3. state's response to maintainability (Para 4 , 5)
4. examination of the lease deed (Para 6)
5. legal principles on refund (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15)
6. dismissal of the petition (Para 16)

JUDGMENT AND ORDER

1. The brief facts of the case are that one H.M. Cements Limited (HMCL) had entered into a deed of agreement for the construction of a Five Star Hotel-cum-Commercial Complex, at the old Municipal office premises at Jail Road, Shillong, and the project was to be implemented on a Public Private Partnership (PPP) mode. The stamp duty and registration charges on the said deed of agreement was waived off by the State respondents, and as such no charges were paid by HMCL. HMCL, then transferred the rights to another group company namely Maxim Infrastructure & Real Estate Pvt. Ltd. (MIREPL) which was approved by the State respondents. Thereafter, MIREPL entered into insolvency proceedings before the National Company Law Tribunal (NCLT) Guwahati Bench and pursuant to an order dated 25.10.2019, MIREPL was taken over by a new promoter as per the approved resolution plan and o




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