ONKAR DUTT GUTTI Vs. GLOBE MOTORS LIMITED

JUDGEMENT

(1.) This company appeal has been filed by the appellant under Sec.483 of the Companies Act, 1956 against the order dated March 8, 1985 passed by a Single Judge of this Court in Company Applications Nos.289/83 and 700/83. By the said impugned order the learned Single Judge ordered that the two references under S.30 of the Land Acquisition Act pending before the Additional District Judge, Gurgaon be transferred to this Court forthwith.

(2.) Facts leading to the present appeal are that according to the appellant he entered into an agreement by virtue of which an agreement to sell was executed in his favour by Globe Diesels Aid Pvt. Ltd. (for short Globe Diesels). The alleged agreement was dated 11.11.1965. This agreement was alleged to have been excecuted on behalf of Globe Diesels through its the then Chairman Mr.G.S.Anand. It is alleged that on 29.6.67 another agreement was executed between M/s Globe Motors Ltd. (for short Globe Motors) and Globe Diesels through one of the Directors R.L.Bamba for the sale of suit land by Globe Diesels to Globe Motors, The aforesaid land along with other land were acquired. It is also alleged that the land in relation to which this agreement was executed between Globe Diesels and the appellant and other land were acquired by Notification under Sec.4 of the Land Acquisition Act on 8.9.1966 by the State Government.

(3.) On 4.7.69 appellant filed an application before the Collector for award of compensation. We will deal in later part of our judgment on. this aspect of the matter. On 8.7.69 Globe Motors also filed its claim for compensation and on 22.7.69 appellant filed an application under Sec. 18 of the Land Acquisition Act to enhance the compensa- tion. On 8.11.69 reference was made under Sec.30 of the Land Acquisition Act by Collector to the District Judge, Gurgaon. In the meanwhile. Globe Motors filed an application being CA No. 192 of 1971 in this Court wherein Globe Motors was directed to approach the Land Acquisition Collector for apportionment. The Collector recalled the earlier reference and made fresh reference under Sec.30 of the Land Acquisition Act including the claim of Globe Motors whereafter an Official Liquidator was also appointed. On 3.4.1972 Globe Diesels was wound up. On 14.12.72 Globe Diesels made an application before the Company Court with the prayer that the appellant should pay hack to Globe Diesels a sum of Rs.84,000.00 paid by the Collector, Gurgaon to the appellant. Then the learned Single Judge of this Court ordered that pending hearing of CA 403/ 80 under Sec.446 of the Companies Act. 1956 the amount he not withdrawn by the appellant. The said order was confirmed on 9th July, 1982 in CA 32/82. Company Appeal No. 12/82 against the order dated 9.7.82 was dismissed. In the circumstances, the appellant filed another application being CA 289/83 for stay of transfer of proceedings. In this back ground the appellant there after moved Company Court with the prayer that the reference under Sec. 30 of the Land Acquisition Act be disposed of before the District Judge, Gurgaon which was dismissed on 8.3.85.