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IN THE HIGH COURT OF BOMBAY AT GOA

APPEAL FROM ORDER NO. 60 OF 2009

M/s. Timblo Private Limited,

A Company incorporated under the

Indian Companies Act, 1956,

having its Office at Kadar Manzil,

Margao, Salcete, Goa, through its

Managing Director Mrs. Radha

Satish Timblo, wife of late Satish

Timblo, aged about 54 years,

resident of Porvorim, Goa.

…... Appellants

V e r s u s

1.

Smt. Kamalini R. Painguinkar,

wife of late Ramakant

Painguinkar, aged about 67

years, r/o. Houose no. (not

known), Flat no. 1, Ground Floor,

Damodar Co-op Housing

Society, Aquem Alto, Margao,

Salcete, Goa.

2.

Shri Raju R. Painguinkar,

son of Ramakant Painguinkar,

aged about 46 years;

3.

Smt. Jyoti Raju Painguinkar,

wife of Raju R. Painguinkar,

major in age, both residents of

B-2, House No. (not known)

Virginkar Classic, Nr. Maruti

Temple, Davorlim, Margao,

Salcete, Goa.

4.

Shri Rasik R. Paniguinkar,

son of Ramakant Painguinkar,

aged about 45 years;

5.

Smt. Tanuja Rasik Painguinkar,

wife of Rasik Painguinkar,

major of age, both residents of

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Flat no. 1, House no. (not

known), Ground Floor,

Damodar Co-op Housing

Society, Aquem Alto, Margao,

Salcete, Goa.

6.

Shri Navinchandra Ramakant Katkar,

son of Ramakant Katkar, aged

about 58 years;

7.

Smt. Sandhya Navinchandra Katkar,

daughter of Ramakant

Painguinkar, aged about 49 years,

both residents of House No. (not known),

Laxmi Bhuvan, Bandora, Ponda, Goa.

…...

Respondents

A N D

APPEAL FROM ORDER NO. 61 OF 2009

M/s. Timblo Minerals Private Limited,

A company incorporated under the

Indian Companies Act, 1956,

having its Office at Kadar Manzil,

Margao, Salcete, Goa, through its

Director Mr. Arvind Manguesh

Hodarkar, son of late Manguesh

Hodarkar, aged about 75 years,

resident of Margao, Goa.

…...

Appellants

V e r s u s

1.

Smt. Kamalini R. Painguinkar,

wife of late Ramakant

Painguinkar, aged about 67

years, r/o. Houose no. (not

known), Flat no. 1, Ground Floor,

Damodar Co-op Housing

Society, Aquem Alto, Margao,

Salcete, Goa.

2.

Shri Raju R. Painguinkar,

son of Ramakant Painguinkar,

aged about 46 years;

3.

Smt. Jyoti Raju Painguinkar,

wife of Raju R. Painguinkar,

major in age, both residents of

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B-2, House No. (not known)

Virginkar Classic, Nr. Maruti

Temple, Davorlim, Margao,

Salcete, Goa.

4.

Shri Rasik R. Paniguinkar,

son of Ramakant Painguinkar,

aged about 45 years;

5.

Smt. Tanuja Rasik Painguinkar,

wife of Rasik Painguinkar,

major of age, both residents of

Flat no. 1, House no. (not

known), Ground Floor,

Damodar Co-op Housing

Society, Aquem Alto, Margao,

Salcete, Goa.

6.

Shri Navinchandra Ramakant Katkar,

son of Ramakant Katkar, aged

about 58 years;

7.

Smt. Sandhya Navinchandra Katkar,

daughter of Ramakant

Painguinkar, aged about 49 years,

both residents of House No. (not known),

Laxmi Bhuvan, Bandora, Ponda, Goa.

…...

Respondents

Mr. V. B. Nadkarni, Senior Advocate with Mr. Y. V. Nadkarni, Advocate for the

Appellants.

Mr. S. G. Dessai, Senior Advocate with Mr. C. Mascarenhas, Advocate for the

Respondents.

CORAM: A. H. JOSHI, J.

DATE OF RESERVING : 15^th September, 2009.

DATE OF PRONOUNCEMENT: 7 ^th October, 2009.

JUDGMENT

Learned Advocates appearing for the respective parties have

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agreed for disposal of both these appeals, finally, at the stage of admission

itself.

Background in brief :-

2.

Respondents, who are common in both appeals are Mine

Owners who are, for the sake of brevity, referred to as Mine Owners.

The appellants are Limited Companies.

Both the appellant-Companies are seen to be belonging to one

and the same group of Management/Promoters. Two different contracts are

entered by mine owner with these different appellants. These two

transactions are in fact a package.

Respective appellants in Appeal no. 61/09 and 60/09 are

referred to for the sake of brevity as “Buyer” and “Extractor”.

3.

It appears that there are legal impediments in subleasing of the

mining licence. Most of the Mine Owners and buy