MOOL CHAND YADAV Vs. RAZA BULAND SUGAR COMPANY LTD
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
Mool Chand Yadav
Raza Buland Sugar Company Ltd
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(1.) Special leave granted.
(2.) The matter discloses a battle of wits rather than of any legal substance or injured rights. There is one room in Hari Bhawan which at present is occupied by a gentleman called Mool Chand Yadav who is described as General Manager of U. P. State Sugar Corporation Ltd. , Rampur Unit ('corporation', for short). The dispute going on is whether Hari Bhawan is a property which has vested In the Corporation and whether the Corporation is entitled to occupy it and whether a part of-it can be used by the General Manager of the Corporation. In a suit filed by respondents an injunction was granted restraining the present appellants or their officers from occupying Hari Bhawan against which an appeal was filed by the present appellants which is pending. Subsequently, an application was made alleging flouting of the court's order and the court was invited to hold the Corporation and its officers in contempt and to punish them for the same. This application resulted in the following order :
Accordingly the application Ex. IV-1 is being accepted. One month's time is being granted to defendant, Mool Chand Yadav, to vacate the disputed room and if he does not do so all the movable property of defendants 2 and 3 will be attached in compliance with the order of temporary injunction passed on 2/11/1979.
(3.) An appeal from the order was preferred being F. A. F. O. No. Nil of 1982. We are told that appeal was admitted and notice of motion was taken out for suspension of the order under appeal. But the division bench of the Allahabad High court declined to grant stay. Hence, this appeal by special leave.;
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