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M/S DELUX LAMINATES PVT. LTD. versus U.P. FINANCIAL CORPORATION THRU' M.D. & OTHES

High Court of Judicature at Allahabad

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M/S Delux Laminates Pvt. Ltd. v. U.P. Financial Corporation Thru' M.D. & Othes - WRIT - C No. 62696 of 2005 [2006] RD-AH 18723 (6 November 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon.R.P.Misra, J.

Hon.Shishir Kumar, J.

We have heard learned counsel for the petitioner Sri Nimai Dass and Sri Atiq Ahmad Khan, counsel for the respondents.

The writ petition was filed for the following reliefs:-

(i) To issue a writ of mandamus commanding the respondent No.1 to 3 not initiate any action for the sale of the unit on the basis of the advertisement dated 03.09.2005.

(ii) That the respondent No. 1 to 3 be directed to give financial rehabilitation package to the petitioner company on the basis of the R.B.I. guidelines dated 26.01.2002.

(iii) To issue a writ of mandamus commanding the respondent No. 1 to 3 to immediately hand over possession of the unit to the petitioner company on the basis of the decision taken in the Udyog Bandhu meetings.

(iv) To issue a writ of mandamus to respondent No. 1 to 3 to take action against the errant officials on the basis of the decision taken in the Udyog Bandhu Meeting.

(v) Any other relief and ad interim mandamus the staying the sale of the unit on the basis of the advertisement dated 03.09.2005 published in Dainik Jagran, New Delhi dated 03.09.2005 and to hand over the same to the petitioner company.

While entertaining the writ petition, this Court had passed an order on 22.9.2005 to list this case in the Next Cause List along with Writ Petition No.37406 of 2001. No interim order was granted.

The main prayer in the writ petition was not to initiate any action for sale of the unit on the basis of advertisement dated 3.9.2005.  Subsequently, the sale has taken place and another person has purchased the unit and the sale deed has already been executed in his favour.  Aggrieved by the sale of the unit, the petitioner has subsequently filed a Writ Petition No.31834 of 2006.  The said writ petition has already been dismissed by us, therefore, no relief prayed in the writ petition can be granted as the property has already been sold and the sale deed has already been executed by the Corporation in favour of the purchaser.

In view of the aforesaid fact, the writ petition is devoid of merits and is hereby dismissed.

There shall be no order as to costs.  

   

6.11.2006

SKD/

W.P. No.62696/2005


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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