It was further ordered that a detailed list of the assets be prepared and signed by both the parties and the assets be transferred to the Company.
6172 6174 of 2013 Ors.
Since, the Company was in arrears to the extent of Rs.1.29 crores, the District Collector, Meerut by order dated 28th November, 1984, attached all the remaining five companystituent units except the Sugar Mill.
The Company being aggrieved preferred a Civil Misc.
As against the said order C.A. Nos.
7126 29/2003 Commissioner, Meerut Division, Meerut Ors.
By the said judgment, the High Court directed the State Government to pay the Company the companypensation on the basis of the companypromise reached between the State Government and the tenure holder Company for acquisition of their land by Meerut Development Authority.
Ltd. under Order XIVII Rule 1 CPC for review of the order dated 3rd September, 2001.
According to Auction purchasers, the entire amount was paid as per highest bid.
Against the same a Writ Petition No.3905/1987 was preferred by the Company.
44,856.60 S.I. Rs.
The District Collector, Meerut by order dated 18th December, 1995, allowed the case No.30/1995 with observation that as on the date numberrecovery certificate was pending against the Company.
45,11,400.00 Provident Fund Rs.
The Company filed a Writ Petition No.10220/1996 before High Court for modification of the order of the District Collector, Meerut dated 18th December, 1995.
The said review application was dismissed by the impugned judgment dated 15th March, 2002.
The General Manger of the aforesaid Sugar unit was appointed as a Receiver with reference to all the aforesaid remaining five units.
Ltd. and another were the highest bidders.
2,54,570.40 Cane Commissioner Rs.
Against the aforesaid order dated 3rd August, 1996 passed by the Chairman, Board of Revenue, the Company filed Writ Petition No.31378/1996 on the ground that there is numberdues payable by the Company.
The land of the Company measuring 1.391 Hectares in village Maliyana was put to auction.
The Company moved an application before the District Collector, Meerut stating therein that as on date there are numberarrears liability payable by the Company, therefore, requested to remove the Receiver.
The State has been given liberty to realize the said amount from those authorities to whom it was wrongly paid by the previous Collector, Tulsi Gaur, under his order dated 20th February, 1992.
During the pendency of the said case, the Chairman, Board of Revenue, by order dated 3rd August, 1996 directed that out of the total amount of Rs.4.33 crores received as companypensation from Meerut Development Authority, after deduction of a sum of Rs.1.62 crores along with interest and companylection charges the balance amount shall be refunded to the Company.
as also by M s. Jaswant Sugar Mills Ltd. in C.A. Nos.
Title to the land was also transferred in their favour.
In the said case the U.P. State Sugar Corporation Ltd. filed a companynter affidavit refuting such stand taken by the Company.
79,14,781.00 Levy Price Central Govt Rs.
The impugned judgment dated 1st March, 2011 has been challenged by the State of U.P. in C.A. Nos.6169 6171 of 2013 State of U.P. ors.
Against the said order dated 4th October, 1994 passed by the prescribed authority, the appellant filed Appeal No.1/95 before the Appellate Tribunal.
20,73,704.78 Purchase Tax Rs.
There being cross claims, all of these appeals were heard together for determination by a companymon judgment.
38,64,000.00 House Tax Rs.
An order was passed to appoint a Chartered Accountant to companyplete the audit of the accounts.
Another application was filed by M s. Rudra Estate Pvt.
Subsequently, the Company was acquired by the State on 28th October, 1984 as per provisions of the U.P. State Sugar Undertakings Acquisition Act, 1971 hereinafter referred to as the Acquisition Act, 1971 , as amended in the year 1984, free from all encumbrances and the said Unit was vested with the U.P. State Sugar Corporation hereinafter referred to as the Corporation .
It is also directed that out of companypensation paid by the Meerut Development Authority about Rs.4.33 crores an amount of Rs.1.62 crores shall be deducted and the remaining amount shall be paid to the Company.
By order dated 12th October, 1995, the Appellate Tribunal directed the appellant to file a fresh deduction claim before the prescribed authority.
However, the aforesaid claim was rejected by the prescribed authority by order dated 4th October, 1994 in Claim No.13 of 1999.
72,624.00 Labour Dues other units Rs.
Ltd. being aggrieved by the said judgment preferred review application under Order XLVII Rule 1 CPC for review of the judgment and order dated 27th April, 2001 passed by the High Court.
A separate companynter affidavit was filed by the Deputy Secretary, Sugar and Cane Development, Lucknow, giving details of dues payable by the Company as detailed by the District Collector, Meerut by his order dated 18th December, 1995.
The writ petitions were disposed of by the learned Single Judge of Allahabad High Court by a companymon judgment dated 1st March, 2011.
The order of the extension of tenure of the Receiver was challenged by the ex proprietors of the Company in a Writ Petition No.18496/1991.
Northern India Paper Mills.
on the request of the Receiver, the State Government granted loan of Rs.6.13 crores to the Company, and was to be recovered as the arrears of Land Revenue along with interest.
Against the interim order, the appellant State filed the Special Appeals.
The Company was in heavy arrears as on 3rd January, 1977 to the extent of Rs.1.14 crores.
In between 1977 to 1984, for smooth functioning of the Sugar Mill, payment of dues to sugarcane grower, repairing of machinery etc.,
Writ Petition No.16451 of 1999 before the High Court of Judicature at Allahabad challenging the sale proclamation dated 28th March, 1992, order dated 30th May, 1992 passed by Sub Divisional Magistrate, Meerut companyfirming the sale of the properties owned by the Company and the order dated 5th April, 1999 passed by the Commissioner, Meerut Division, Meerut whereby the objections filed by the Company under Rule 285 1 of the Rules framed under U.P. Zamindari Abolition and Land Reforms Act hereinafter referred to as the Land Reforms Act was rejected.
Accordingly, the District Collector, Meerut appointed a Receiver under Section 286 A of U.P. Zamindari Abolition and Land Reforms Act, hereinafter referred to as the Zamindari Abolition Act .
Payments towards loan Rs.3,59,83,381.43 Income Tax Rs.
M s. Jaswant Sugar Mills Ltd. Ors.etc. ,
Subsequently, the Receiver was withdrawn on 18th December, 1995, therefore, the writ petition was also withdrawn.
The District Collector, Meerut taking into companysideration the dues to the extent of Rs.1.62 crores as on 24th October, 1990 were to be paid by the Company, extended the tenure of the Receiver till further orders.
Hence, the appointment of Receiver was terminated with immediate effect.
In the said case companypensation amount of Rs.4.33 crores was awarded by Special Land Acquisition Officer vide award dated 22nd February, 1990.
Pursuant to a Courts order, the District Collector, Meerut passed a speaking order dated 20th February, 1992 showing the details of adjustments to be made out of companypensation amount of Rs.4.34 crores payable by the Company, as detailed below Labour Dues and others Rs.1,39,72,300.83 Sales Tax Rs.
40,18,401.00 Payments towards Loan Rs.2,54,04,080.57 Total Rs.4,33,94,783.40 The District Collector in the said order dated 20th February, 1992 companycluded that after such adjustment the following dues were still to be paid by the Company.
By judgment and order dated 7th July, 2010 passed in Special Appeal Nos.5179 80/2010, the High Court quashed the interim order dated 17th July, 1997 passed by the learned Single Judge.
It was ordered to dispose of the writ petition expeditiously.
In the meantime, the District Collector by its numberice dated 22nd August, 2005, directed the Company to refund certain amount.
The said numberice was also challenged by the Company.
The High Court by judgment and order dated 23rd February, 2011 quashed the numberice dated 22nd August, 2005 with direction to the appellant to pay the companypensation amount to the Company.
A sale proclamation was accordingly issued.
As the order dated 18th December, 1995, passed by the District Collector, Meerut is silent about the amount payable to the Company, the Ex Proprietor of the Company moved an application before the Chairman Board of Revenue and requested to refund the companypensation amount to the Company.
In a review application preferred by auction purchaser, the High Court by order dated 3rd September, 2001 directed the respondents to refund the amount to the auction purchasers.
For determination of the issue involved in C.A. Nos.7122 of 2003, 7123 7124 of 2003, 7125 of 2003 and 7126 7129 of 2003 relevant factual matrix of the case is as follows After giving credit of Rs.4.33 crores payable by the State Government on account of amounts towards companypensation for acquisition of land, the liability of the Company was determined at Rs.6.09 crores on 20th February, 1992.
6,23,605.49 Railway Dues Rs.
However, it was clarified that if the land, which have been acquired finally, does number fall within the ceiling limit of the Company, then it will be open for the State to recover it after the finalisation of the ceiling proceedings, as per law.
The District Collector, Meerut, pursuant to a report of the Tehsildar, ordered to pay the companypensation amount after adjustment of different dues payable by the Company.
A piece of land of the Company was put to auction for recovery of dues of the Company.
The aforesaid orders were also challenged by the State Government.
6172 6174 of 2013, it is desirable to refer the relevant factual matrix of the case which is as follows The proprietors of respondent Company, namely M s. Jaswant Sugar Mills Ltd. had six business units as under M s. Jaswant Sugar Mills.
Subsequently, impugned companymon judgment and order dated 1st March, 2011 was passed in Writ Petition No.31378/1996, etc.,
The High Court by impugned judgment dated 27th April, 2001 cancelled the auction sale and allowed the writ petition.
M s. Jaswant Sugar Mills Ltd. have been preferred by the Commissioner, Meerut Division, Meerut.
It was followed by a Notification dated 4th September, 1987 issued u s 6 of the Acquisition Act.
The said case was also tagged with the aforesaid appeals.
Meduwala Open Pan Sugar, Bijnor.
Sudhansu Jyoti Mukhopadhaya, J. In these appeals the dispute relates to payment of companypensation pursuant to acquisition of land of respondent M s. Jaswant Sugar Mills Ltd. hereinafter referred to as the Company and auction of part of the land of the Company.
The aforesaid judgment and orders are under challenge in C.A. Nos.7122 of 2003, 7123 7124 of 2003, 7125 of 2003 and 7126 7129 of 2003.
Pursuant to Uttar Pradesh imposition of Ceiling of Land Holdings Act hereinafter referred to as the Ceiling Act , land admeasuring 723.3 bigha belonging to the Company was declared surplus.
During the pendency of the aforesaid writ petition the State Government issued a Notification dated 14th August, 1987 under Section 4 read with Section 17 4 of the Land Acquisition Act, 1894 for the Meerut Development Authority.
Pootha Farm.
55,25,769.59 Labour Dues Rs.
M s. Jaswant Sugar Mills Ltd. vs The Colletor District Magistrate Ors.
For determination of the issue involved in C.A. Nos.6169 6171 of 2013 and C.A. Nos.
Bindal Vanaspati Ghee Mills.
Meerut Straw Board Mills.
The Company preferred two writ petitions challenging the orders passed by the District Magistrate Collector, Meerut and Board of Revenue dated 18th December, 1995 and 3rd August, 1996 respectively.
It was challenged by the Company by filing a writ petition.
The said Notification included the land of M s Pootha Farm, a companystituent unit of the Company.
A.Nos.6169 6171 of 2013 and C.A.Nos.6172 6174 of 2013.
