HALL AND ANDERSON LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition was filed mainly for two reasons. Firstly, for a declaration that the management of the land and building situate at premises No. 31, Chowringhee Road, Calcutta, and more fully mentioned in the schedule annexed hereto and marked A and the said property business of petitioner No. 1 and other business referred thereto save and except the said textile mills business and/or textile undertaking are not covered and have not vested in the Central Government by and under the Textile Undertakings (Taking Over of Management) Ordinance, 1983. Mandamus and other prayers in connection thereto are also categorically made therein. Secondly, a prayer is made for a declaration of such Ordinance as ultra vires and void. The second prayer is no longer subsistent in view of the declaration of the Supreme Court that the Ordinance is intra vires. Therefore, no discussion is required on the second prayer.

(2.) BY an order dated October 26, 1983, an interim order was passed by the High Court in terms of prayer (h) of the writ petition as regards business of the petitioner -company at Calcutta. Such interim order of injunction related to non -interference with the operation of the bank account and/or other records in respect of the property business of petitioner No. 1 as well as from taking over the register of the members, minutes books of board meetings, register of directors, register of investments, register of debenture and debenture holders and register of members' common seal and all other common records of petitioner No. 1 pertaining to the textile undertakings of petitioner No. 1 as well as the said property business.

(3.) OUT of various businesses particulars of some businesses are given hereinabove. Petitioner No. 1 -company, is an absolute owner of the land and building known as Hall and Anderson Building situate at 31, Chowringhee Road (Jawaharlal Nehru Road) Calcutta. As per annexure A to the writ petition the site area is approximately 5 bighas, 11 cottahs, 5 chittaks and 14 square feet. It can doubtlessly be said that the property situate at the heart of the sophisticated commercial place in the city of Calcutta (Kolkata). The property is butted and bounded on the north by Park Street, on the east by Russel Street, on the south partly by 1B, Russel Street and partly by 32, Chowringhee Road and on the west partly by 32, Chowringhee Road and partly by Chowringhee Road.