High Court of Judicature at Allahabad
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M/s Baba Gyani Glass Industries Thru' Prop. v. State Of U.P. Thru' Secy. Small Scale Industries & Ors. - WRIT - C No. 62213 of 2005  RD-AH 3507 (24 September 2005)
Hon'ble Sushil Harkauli, J.
Hon'ble Umeshwar Pandey, J.
The learned counsel for the petitioner relies upon the lease-deed dated 20.7.1979 of immovable property in favour of the petitioner. Clause 2(k) of that document states that Lessee will not alienate any part of demised premises by way of assignment mortgage etc. it also says that whole of the demised premises may be so alienated with previous consent in writing of the Director of Industries. Firstly, the petitioner not being owner of the demised premises but only Lessee can only alienate his leasehold rights and not the premises. Secondly, because the same clause says that in case of any such transfer the transferee shall be bound by all the conditions contained in lease-deed dated 20.7.1979, therefore it would appear to be necessary that such a clause is incorporated in the proposed mortgage deed to be executed by the petitioner, to avoid the plea of bona fide transferee for value without notice.
In the circumstances if the petitioner furnishes draft of proposed mortgage deed along with certified copy of this order before respondent no. 2, the respondent no. 2 will pass appropriate orders either granting or refusing the consent in writing for the reasons to be recorded within fifteen days of the date when he receives these documents. It is also made clear that if the respondent no. 2 refuses to grant consent because of any objection regarding any part of draft mortgage-deed, it will be open to the petitioner to rectify the defect by altering that part of mortgage deed to which objection has been taken and the modified draft may again be submitted for grant of consent and in such event again within fifteen days of receipt of draft, the Director of Industries will be obliged to pass reasoned order again.
The writ petition is disposed of as above.
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