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2024 Supreme(Online)(SC) 13154

SUPREME COURT OF INDIA
J.B. PARDIWALA, R. MAHADEVAN, JJ
THE STATE OF PUNJAB & ANR. – Appellant
Versus
M/S FERROUS ALLOY FORGINGS P LTD. – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Karan Sharma, AOR, Mr. Abhishek Budhiraja, Adv.
For the Respondents: Mr. Siddharth Batra, AOR, Mr. Rhythm Katyal, Adv., Mr. Samar Ahluwalia, Adv., Ms. Archna Yadav, Adv., Mr. Chinmay Dubey, Adv., Ms. Shivani Chawla, Adv., Mr. Ayushmaan Bhutani, Adv.

Table of Content
1. auction sale and subsequent legal disputes. (Para 2 , 3 , 4)
2. sale certificate and stamp duty requirements. (Para 6 , 7 , 8 , 9)
3. writ jurisdiction and alternate remedies. (Para 10 , 11 , 21)
4. final decision to dismiss the appeal. (Para 12 , 22 , 23)

ORDER

2. This appeal arises from the judgment and order dated 28-11-2013 passed by the High Court of Punjab and Haryana in C.W.P. No.11055/2001 wherein the Writ Petition filed by the Respondent No.1 herein was allowed and the Respondent No.2 herein was directed to handover the original sale certificate to the Respondent No.1 and send a copy of the same to the Sub-Registrar under Section 89(4) of the Indian Registration Act, 1908 (in short, “the Act, 1908”). The High Court also held that the Respondent No.1 was entitled to a refund of the stamp duty deposited by it in pursuance of the order passed by the Company Judge of the High Court.

4. The Company by the name M/s Punjab United Forge Limited was ordered to be wound up by the Company Judge of the High Court under the provisions of the Companies Act, 1956 (for short, “the Act, 1956”) and permission was granted to the Industrial Finance Corporation of India (IFCI)

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