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SUPREME COURT OF INDIA

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CASE NO.:

Appeal (civil) 2522 1992

PETITIONER:

BISHANDAYAL AND SONS

Vs.

RESPONDENT:

STATE OF ORISSA & ORS.

DATE OF JUDGMENT: 07/12/2000

BENCH:

V.N.Khare, S.N.Variava

JUDGMENT:

L.....I.........T.......T.......T.......T.......T.......T..J

J U D G M E N T S. N. VARIAVA, J.

This Appeal is against a Judgment dated 15th May,

1992. 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 Marcy, 1973, addre