- (1.) Challenge in the present letters patent appeal under Clause X of the Letter Patent is to an order passed by the learned Single Judge on 28.04.2011, whereby the writ petition filed by the respondent was allowed and the orders dated 16.10.1989 (Annexures P-12) and 26.02.1990 (Annexure P-14) were set aside.
(2.) The brief facts out of which the present appeal arises are that on 16.06.1981, predecessor-in-interest of the respondent i.e. M/s Sain Steel Products, applied for a 3 acre industrial plot in Udyog Vihar, Gurgaon for setting up an industrial unit alongwith the application money of Rs.20,634/-. On 27.12.1982, the respondent was called upon to deposit another sum of Rs.1,23,366/- so as to make 10% of the total cost of the plot. On 27.10.1983, the respondent was intimated about the approval by the appellants for allotment of plot measuring 1/2 acre. It was on 27.12.1984, a provisional letter of allotment allotting industrial plot No.13-14 measuring 1/2 acre was issued. In the said letter, it was also stated that Rs.60,000/- towards 25% of the cost has already been received and the balance 75% would be payable in 10 equated annual installments. The respondent vide its letter dated 11.01.1985 claimed refund of Rs.84,000/- out of the application money of Rs.1,44,000/- paid at the time for submitting an application for allotment of plot measuring 3 acres. Subsequently, it was found that the plot allotted to the respondent is not available, thus, another provisional letter of allotment was issued to the respondent on 21.06.1985 (Annexure P-2) allotting industrial plot No.UV-92-93 measuring 1/2 acre in Udyog Vihar, Phase IV, Gurgaon. In the letter dated 21.06.1985, it was again stated that a sum of Rs.60,000/- towards 25% of the cost of the plot has already been received and the balance 75% would be payable in 10 equated annual installments alonwith interest at the rate of 13.5% p.a. The final letter of allotment was issued on 30.06.1986 (Annexure P-3).
(3.) The case set up by the respondent is that the respondent vide communication dated 13.08.1986 (Annexure P-4) sought the conversion of the firm into a Private Limited Company by the name and style of "Bajaj Mechanicals (India) Private Limited". It was on 10.10.1988, the appellants addressed a letter to M/s Bajaj Mechanical (India) Private Limited. In pursuance of such letter, the respondent sought information; whether such letter can be taken to be deemed change of constitution.;