PHATU ROCHIRAM MULCHANDANI Vs. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD
LAWS(SC)-2014-3-47
SUPREME COURT OF INDIA (FROM: KARNATAKA)
Decided on March 12,2014

Phatu Rochiram Mulchandani Appellant
VERSUS
KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD Respondents


Referred Judgements :-

RAJRATNA NARANBHAI MILLS CO. LTD. V. NEW QUALITY BOBBIN WORKS [REFERRED TO]
UNITED BANK OF INDIA VS. OFFICIAL LIQUIDATOR [REFERRED TO]
HANUMAN SILKS VS. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD [REFERRED TO]



Cited Judgements :-

B.S. REFRIGERATORS LTD. VS. ASSET RECONSTRUCTION COMPANY (INDIA) LTD. AND ORS. [LAWS(KAR)-2015-8-105] [REFERRED TO]
STRESSED ASSESTS STABILIZATION FUND VS. WEST BENGAL SMALL IND DEVELOPMENT CORPORATION LTD. [LAWS(SC)-2019-10-84] [REFERRED TO]
ZOOM DEVELOPERS (PVT) LTD VS. STATE OF KERALA [LAWS(KER)-2018-12-57] [REFERRED TO]
M.J. MEHTA AND CO VS. OFFICIAL LIQUIDATOR [LAWS(KAR)-2023-6-11] [REFERRED TO]
PALIKA TOWNS LLP VS. STATE OF U.P. [LAWS(ALL)-2022-5-112] [REFERRED TO]


JUDGEMENT

- (1.)Delay condoned.
(2.)Leave granted.
(3.)In this appeal the appellant has assailed the judgment and order dated 11.2.2010 passed by the High Court of Karnataka in Company Appeal which was preferred by the appellant herein against the orders dated 3.9.2009 by the Company Judge of the said court. Respondent No. 2 namely M/s. Relectronics Ltd. (hereinafter referred to as the 'Company') is ordered to be wound up and liquidation proceedings are pending before the Company Court. Respondent No. 1 i.e. Karnataka Industrial Areas Development Board (hereinafter referred to as the 'Board') had allotted an industrial plots to the Company on lease-cum-sale basis for a period of 11 years. The Board terminated the lease. The Company Judge, on application filed by the Board, had directed the liquidator to release the said land to the Board and the appeal by the appellant against this order has been dismissed by the Division Bench of the High Court, not on merits but for want of locus standi of the appellant to question the orders. The appellant herein is questioning the veracity of the orders on the ground that it was the property of the Company which could not have been released in favour of the Board.


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