MISRILAL JAIN P LTD Vs. NARCO CHEMICALS LTD

JUDGEMENT

(1.) The interlocutory application has been filed by one Meena Devi whose husband Uma Shankar Bhagat was the highest offerer of Rs. 99,00,000/- for the assets of the company in liquidation situated at Fatuha Industrial Area, Patoa, Plot No. N.S. 9. The said assets were directed to be transferred to him by order dated 15.2.2007 of this Court. Subsequently the physical possession was also handed over on 19.4.2007 and the Deed of Assignment was registered on 17.12.2007 in the name of the present applicant Meena Devi after obtaining the orders of this Court. The main contention of the applicant is that she had applied for No Objection Certificate from the Bihar Industrial Area Development Authority (BIADA) but the same is not being given.

(2.) The stand taken by the BIADA in its reply and supplementary reply is that any such transfer of the name of the applicant can only be done pursuant to the policy decision taken by the BIADA from time to time, i.e., on 18.11.2003 and subsequently reiterated on 12.3.2004 (Annexure, J/1), 28.7.2007 (Annexure-Q) and 11.10.2007 (Annexure-Q/1); under the said decisions, the applicant is liable to pay the charges in terms of the formula fixed by the BIADA.

(3.) It is submitted by learned Counsel for the BIADA that the applicant is liable to pay the charges to BIADA in terms of the policy decision taken by BIADA from time to time and only on such payment, the name of the applicant shall be mutated hi the registers of BIADA and the No Objection shall be issued. In support of the said stand learned Counsel for the BIADA relies upon a decision of this Court dated 9.7.2009 passed in LA. No. 1145/2009 in Company Petition No. 1/1991 In the matter of Hathwa Metals & Tubes Limited (in liquidation) in which this Court had held as follows: