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2000 Supreme(SC) 1996

S.N.VARIAVA, V.N.KHARE
Bishandayal And Sons – Appellant
Versus
State Of Orissa – Respondent


JUDGMENT

S.N. Variava, J.-This Appeal is against a Judgment dated 15th May, 1992.

2. Briefly stated the facts are as follows :

In an auction sale held by the Court Receiver, the 1st Respondent purchased, for a sum of Rs. 2.32 lacs, all the assets of one Mayurbhanj Spinning and Weaving Mills including plant and machinery and land measuring Ac. 419.14,. The 1st Respondent then proposed to sell off the Mill. The Appellant by a letter dated 14th November, 1992 offered to purchase the Mill with all its assets for consideration of a sum of Rs. 2.31 lacs. During this period the State of Orissa was under the President s Rule. The Appellants thus had a meeting with the Governor of Orissa wherein they were asked to enhance the consideration to Rs. 2.32 lacs. The Appellants by the letter dated 17th March, 1973, addressed to the Governor, conveyed their acceptance to purchase the Mill with all its assets for Rs. 2.32 lacs. By a letter dated 9th April, 1973, addressed by the Deputy Secretary to the Government to the Director of Industries, the Director of Industries was informed that the Government had decided to sell the Mill to the Appellants for a sum of Rs. 2.32 lacs. It was, however, stated
























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