EICHER LIMITED Vs. HIMACHAL PRADESH HOUSING BOARD

JUDGEMENT

(1.) By this petition, under Order 39 rules 1 and 2 read with S. 151 of the Code of Civil Procedure, plaintiff-applicant seeks to restrain the defendant/non-applicant from taking any steps to recover unearned increase demanded by it and from cancelling the lease in favour of the plaintiff-applicant also pray for a restrain on the defendant from interfering with the possession of the Plaintiff/applicant on Plot No. 29 and 30. Industrial Area. II. Parwanoo.

(2.) Facts necessary for the disposal of this petition may be noticed : Plaintiff/applicant 'Eicher Limited' is a Company incorporated under the Companies Act, 1956 with a registered office at New Delhi. The Plaintiff is the successor company of Eicher Tractors Limited. According to the Plaintiff, Eicher Tractors Ltd. amalgamated with 'Royal Enfield Motors Limited' in accordance with the Scheme of amalgamation approved by the Delhi High Court and Madras High Court vide orders dated 29/01/1996 and 3/04/1996. Respectively, and the name of the Company was changed to "Eicher Limited". Defendant H.P. Housing Board is a Statutory Authority constituted under the H.P. Housing Board Act. 1972 with its Head Office at Shimla.

(3.) The defendant-Housing Board, allotted plot No. 29 Industrial Area, Sector-2, Parwanoo, to 'Eicher Farm Machinery Ltd.', a subsidiary of Eicher Goodearth Ltd., on 7/02/1979. On the same date, adjacent plot No. 30 was allotted to 'Continental Auto Ancillary Ltd.'. again a subsidiary of 'Eicher Goodearth Ltd.' Formal lease deeds in respect of both the plots were executed between the defendant and allottees on 15/02/1979 for a period of 95 years in consideration of the premium prescribed in the Premium Payment Schedule annexed with the lease deed.