SANJEEV PRAKASH SHARMA, J. - (1.) The matter comes up on application Nos. 7971/2017 and 8107/2017 in S.B.Company Application No. 21/1988. Both the applications have been preferred by one M/s. Girijikripa Developers Private Limited and M/s. Swarn Bhumi Township Private Limited respectively for impleadment as party.
(2.) Learned Sr. Counsel appearing for the applicants Mr. P.Samdhani while arguing the applications took this Court to the facts of the case and the background by which the present application has been filed. Suffice it to state that essentially the application for impleadment has been moved as the applicants submit that they entered into two separate conveyance deeds on 19.07.2007 with the respondent Poddar Mills Limited as coined by learned Sr. Counsel as assignment deeds of part of the land in possession with Poddar Mills Limited. It is stated that the said conveyance deeds were duly registered with the Sub-Registrar at Jaipur on 20th July, 2007 for an area admeasuing 56,629 square yards and 35,380 square yares respectively. It is further stated that on 29.03.2010 rectification deed was executed and registered on 30.03.2010 clarifying the aforementioned conveyance deeds dated 19.07.2007 making certain amendments in the clauses of the said deeds.
(3.) In the meanwhile, an order came to be passed on 07.12.2007 by this Court directing the OL to determine the market value of the lands of the Poddar Mills Limited and put them for open auction. On 7.8.2010 the OL gave a public notice for sale of the entire land which also included the land assigned to the applicants by way of the aforesaid conveyance deeds. Additionally an application No. 75/2013 was filed by the OL for reclaiming of the leased property assigned to the applicants. In the said application No. 75/2013 the applicants have already impleaded as parties. However, in the Company Application No. 21/1988 which had been preferred earlier by the OL, the applicants were impleaded as parties. The prayer in the said application is also for eviction and reclaiming of the leased property which includes the property which has been subsequently leased out in terms of the aforesaid conveyance deeds. It is stated that the application No. 21/1988 has been only revived by the Court vide order dated 13.01.2017 and, therefore, it has become necessary that the applicants be impleaded as a party in the application No. 21/1988. It is submitted that any decision given by this Court on the Company Application No. 21/1988 would necessarily affect the rights of the applicants which ensue under the said conveyance deeds of 2007 and clarified in 2010. ;