LAWS(ALL)-2021-9-194

GULSHAN PALYOLS LIMITED Vs. STATE OF U.P.

Decided On September 02, 2021
Gulshan Palyols Limited Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) Heard Sri Mohan Yadav, learned counsel for the petitioner and learned Standing Counsel for the respondents.

(2.) The petitioner before this Court is a Company, whose application for mutation in revenue records moved under Sec. 34 of U.P. Revenue Code, 2006 (hereinafter called as "Code, 2006"), pursuant to amalgamation order passed by this Court dtd. 26/9/2008, has been rejected by respondent No.3, Tehsildar, Tehsil Sadar, District Muzaffarnagar on 9/10/2018 and the appeal filed by the petitioner under Sec. 35(2) of the Code, 2006 against the aforesaid order has also been dismissed vide order dtd. 19/9/2020 by respondent No.2.

(3.) The facts in nutshell are that the petitioner is a Company incorporated under the provisions of Indian Companies Act, 1956 (hereinafter called as "Act, 1956") having its registered office at 9th K.M. Jansath Shernagar, District Muzaffarnagar. It was in the year 1989 that a Private Limited Company in the name of 'Prestige Line Private Limited' owner of land being Khasra No.14 measuring 0.8190 hectare situated in District Muzaffarnagar and another company Prestige Fibres Pvt. Ltd., which was owner and bhumidhar of Khasra No.14 measuring 1.3110 hectare, moved an application under Ss. 391 read with 394 of Act, 1956 for amalgamation. Vide order dtd. 13/2/1990, this Court allowed the 'Scheme of Arrangement' and Prestige Line Private Limited was amalgamated into Prestige Fibre Pvt. Ltd.