STATE OF M.P. Vs. SRF LTD.

JUDGEMENT

(1.) This writ appeal has been filed by the State being aggrieved by order dated 29.11.2004 passed in W.P.No.21/2002 by learned Single Judge setting aside the order dated 7.11.2001 passed by the Collector of Stamps, Bhind, and order dated 3.1.2002 passed by the Board of Revenue as Chief Controlling Revenue Authority and consequential demand notices dated 12.11.2001 and 22.12.2001.

(2.) Brief facts leading to the present appeal are that one company Ceat Ltd. registered under the provisions of the Companies Act, 1956 in its annual general meeting convened on 24th March, 1995 resolved to authorize its Board of Directors to sell, lease or otherwise dispose of the whole or substantially the whole of the Tyre Cord Undertaking of the company having its plant at Malanpur near Gwalior in the State of M.P. on such terms and conditions as the Board of Directors of the Company may consider to be in the interest of the company, copy of such resolution is enclosed to the writ appeal as Annexure A.

(3.) Consequently respondent No.1 herein SRF Ltd. passed a resolution by the Board of Directors at its meeting held on 29.6.1995 according approval to the acquisition by the company of the Tyre Cord Division (TCD) of Ceat Ltd. located at village Ghirongi, Malanpur, Distt. Bhind (MP) as a 'going concern' at a consideration of Rs.325 crores approx.