Disposed

M/S Apj Laboratories v. the Himachal Pradesh State Cooperative Bank Ltd.

Himachal Pradesh HC13 Jun 2024CWP/7719/2021

Case brief

AI extract

What is this about?

The Court directed the bank to hand over possession of mortgaged property to the petitioner after the sale proceeds were paid into court. The Court clarified that provisions of Section 118 of the HP Tenancy and Land Reforms Act, 1972 would not apply as the sale was pursuant to Court orders. Contempt notice against the petitioner was recalled.

What did the court decide?

Direction to hand over possession of 27 bighas and 17 biswas land on 07.06.2024 and recall of contempt notice.

M/S Apj Laboratories Vs the Himachal… — Execution and Attachment | Himachal Pradesh HC (2024)

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

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CWP No. 7719 of 2021

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Date of decision: 31.05.2024

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M/s APJ Laboratories …Petitioner

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Versus

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The Himachal Pradesh State Cooperative Bank Ltd. & Ors.

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…Respondents

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Co ram

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The Hon’ble Mr. Justice Tarlok Singh Chauhan, Judge. The Hon’ble Mr. Justice Sushil Kukreja, Judge. Whether approved for reporting? No.

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For the Petitioner: Mr. Vinay Kuthiala, Sr. Advocate with Mr. Rahul Mahajan and Mr. Diwan Singh Negi, Advocates for Directors Mr. Manmohan Malik and Ms. Sangeeta Malik.

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For the Respondents: Mr. Ankush Dass Sood, Sr. Advocate with Mr. Ajay Kumar Dhiman, Advocate, for Directors Mr. Vijay Vohra and Ms. Neelam Vohra.

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Ms. Ritta Goswami, Sr. Advocate with Ms. Komal Chaudhary and Ms. Rekha Thakur, Advocates, for respondent No. 2.

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Mr. Sunil Mohan Goel, Advocate, for the respondent-Bank.

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Tarlok Singh Chauhan, Judge (Oral)

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Since the amount of Rs. 12.52 crores, in terms of order dated 09.03.2023, passed by this Hon’ble Court whereby the Bank was permitted to sell the property by way of private negotiation, has been paid to H.P. State Cooperative Bank Ltd.

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and as acknowledged by the learned respective counsels, we deem it appropriate to dispose of this petition by directing the bank to handover the mortgaged property in its possession i.e. 27 bighas and 17 biswas.

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The physical possession of the property shall be handed over to Mr. Ashutosh Gupta, Director, Manverse Pharma Ltd., Bangran Chowk, By Pass Road, Name of premises/building Vohra Clinic Road/Street, by pass road locality/sub locality: Paonta City/ town/village Gondpur Industrial Area, District Siramur, H.P.-173025, on 07.06.2024, at 11:00 a.m. at the spot.

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The petitioner through its Directors shall render all necessary assistance and shall not create any hindrance or impediment at the time or before or after the transfer of property or else in addition to any other action, they shall be liable to be prosecuted and punished under the Contempt of Courts Act.

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The District Administration and police authorities are directed to render all necessary assistance to the parties on 07.06.2024 so as to ensure that there is no impediment whatsoever created at the time of transferring the possession of the property ibid .

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The sale certificate and all other consequential action be taken before the said date by the Bank.

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Now that the matter stands finally decided, notice of contempt issued by this Court against the petitioner is ordered to be recalled.

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It is made clear that since the sale is being made pursuant to the Court orders, therefore, the provisions of Section 118 of H.P. Tenancy and Land Reforms Act, 1972 shall not apply in view of the judgment rendered by this Hon’ble Court in Valley Iron & Steel Co. Ltd. vs. State of H.P. Latest HLJ (2) 2016 HP 1528 and also in view of the Circular issued by the State on 07.06.2021.

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