MADHU INDUSTRIES P LTD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE two company petitions arise out of the same matter and as common questions of law and facts are involved, both these petitions are being disposed of by a single order.

(2.) THE Official Liquidator and M/s Madhu Industries (P) Ltd. , have moved applications under section 446 of the Companies Act, 1956 for quashing the award and proceedings of the Land Acquisition Officer, Collectorate, Jaipur, dated January 30, 1979 in file No. 132/76 for acquisition of all the assets of M/s Madhu Industries (P) Ltd. (In liquidation ).

(3.) THE official Liquidator has filed rejoinder to the reply filed by the non-petitioners. It has been contended by the Official Liquidator that the non-petitioners were fully aware that the property in dispute belonged to M/s. Madhu Industries (Pvt.) Ltd (in liquidation), and that the assets of the said company being under liquidation were under the charge of the Official Liquidator. It was further contended that the non-petitioners have failed to notice that the land in dispute is not agricultural land and that it belongs to the company M/s. Madhu Industries (P) Ltd. and is an industrial land. It was further contended that the non-petitioners have not seen their own record before filing the reply. It was further contended that the winding up of the aforesaid company was widely published and was also published in the Official Gazette of the Rajasthan State dated March 3, 1970. THE State and the other non-petitioners should be presumed to have knowledge of the Gazette dated March 3, 1970.