STATE OF MADHYA PRADESH Vs. M/S HUKUMCHAND MILLS LTD. (IN LIQUIDATION), OFFICIAL LIQUIDATOR OLD CGO COMPLEX, NEAR GPO, INDORE

JUDGEMENT

(1.) They are heard. This Company Appeal has been filed by the State under Sections 483 read with Section 303 of the Companies Act, 2013 against the order passed by the Learned Company Judge in I.A. No.2340/2009 in Company Petition No.19/2001, wherein the prayer seeking declaration of ownership of property against the Official Liquidator and to direct the Official Liquidator to disclaim his right and proceed over the lease rent held by M/s. Hukumchand Mills Ltd. (in liquidation) has been rejected.

(2.) Company Appeal No.4/2014 has also been filed by the State whereby I.A. No.6630/2010 filed by the State claiming ownership right of the leaseholds land of M/s. Hukumchand Mills Ltd. (in Liquidation) has been rejected.

(3.) Brief facts of the case is that the lease of 42.49 acres of land was originally leased out to M/s Hukumchand Mills Ltd. (in short "Company in Liquidation") by the then Prime Minister of Holkar State on behalf of the government of His Highness the Maharaja Holkar of Indore by lease deed dated 5.01.1923 and later on, after re-organisation of the State, the lease was split into two parts and the Municipal Corporation, Indore by two separate lease deeds dated 13th January, 1959 in respect of split up area of 5.75 acre and 35.74 acre had given the land in question on lease to the company in liquidation on the condition of payment of ground rent as specified in those lease deeds.