MAHLE FILTER SYSTEMS INDIA LTD. Vs. HIMACHAL PRADESH URBAN DEVELOPMENT AUTHORITY
LAWS(HPH)-2021-2-25
HIGH COURT OF HIMACHAL PRADESH
Decided on February 26,2021

Mahle Filter Systems India Ltd. Appellant
VERSUS
Himachal Pradesh Urban Development Authority Respondents

JUDGEMENT

Vivek Singh Thakur,J. - (1.) These interconnected two petitions are being disposed of by this common judgment. CWP No.888 of 2010
(2.) M/S Mahle Filter Systems India Ltd. (formerly Purolator India Ltd.) (hereinafter referred to as Petitioner - Company), by way of this Writ Petition, has approached this Court, assailing Office Order dated 25.2.2010, Annexure-1, passed by CEO-cum-Secretary, Himachal Pradesh Urban Development Authority (HIMUDA) - respondent No.1, whereby petitioner - M/s Mahle Filter Systems India Ltd. has been called upon to deposit an amount to the tune of Rs.15,80,97,144/- alongwith interest at the rate of 14% per annum from 12.6.2009 till its realization, on account of 50% unearned increase with respect to Plots No.14 to 15, Sector-1, Parwanoo, for alleged transfer of these plots from M/s Purolator India Ltd. to a new company M/s Mahle Filter Systems India Ltd., without taking prior permission/consent of the lessor, i.e. HIMUDA, causing violation of Clause-2(v)(a) of Lease Deed executed between HIMUDA and M/s Purolator India Ltd.
(3.) Facts emerging from the pleadings are that petitioner-Company was originally incorporated in the name of M/s Purolator India Ltd. under Companies Act, 1956 and registered as Public Limited Company in the year 1966, resulting into issuance of Certificate of Incorporation dated 16.4.1966, Annexure-2, in its favour by Registrar of Companies, Punjab and Himachal Pradesh.;


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