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SUPREME COURT
N.V. Ramana, CJ, U.U. Lalit, J, D.Y. Chandrachud, J
State of Himachal Pradesh – Appellant
Versus
M/s. A. J. Infrastructures (Pvt.) Ltd. – Respondent
| Table of Content |
|---|
| 1. introduction of civil appeals overview. (Para 1 , 2) |
| 2. details about the subject property and its auction history. (Para 4 , 5 , 6 , 7 , 8) |
| 3. court's observations on conflicting laws and s.16 - b's validity. (Para 10 , 14 , 15 , 16 , 17) |
| 4. arguments regarding the priority of state dues over bank mortgages. (Para 11 , 12 , 13) |
| 5. confirmation of s.16 - b's constitutionality and legal standing. (Para 25 , 35 , 40 , 41) |
| 6. final order and disposition of appeals. (Para 52) |
1. Preface
A thin thread connects the two sets of civil appeals (Civil Appeal Nos. 8980-8981/2012 and Civil Appeal Nos. 9212-9213/2012), which are at the instance of the State of Himachal Pradesh (for brevity, "the Slate", hereafter) and its officers. Since the provisions of law emerging for consideration are almost the same in terms, though in different fact situations, these appeals were heard one after the other and shall stand disposed of by this common judgment and order.
3. Aggrieved by the judgment and order dated 7th September, 2007, the official respondents in the writ petition applied for a review (CMP No. 1160/2008). By an order dated 29th October, 2009, the High Court proceeded to dispose of
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