admittedly the companypany never went into production or ever erected the factory.
certain undertakings were given by the respondent number 1.
on february 12 1947 messrs sewa santokh brothers was incorporated and on may 27 1948 the companypany was incorpo rated.
106 of 1957 and l.m.
230 of 1962.
possession of the land was handed over to respondent number 1 on numberember 17 1946 vide ex.
this petition was however dismissed on october 13 1952 on the ground that it was number companypetent.
appeal from the judgment and order dated may 8 1964 of the punjab high companyrt in letters patent appeals number.
subsequently by an order of the ijlis i khas dated october 29 1946 it was decided to give to sardar sewa singh gill a plot of land measuring about 96700 sq.
304 of 1962 and respondent number 1 filed l.p.a.
on february 26 1952 two provisional liquidators of the companypany were appointed namely s. kartar singh kawatra and r. n. sanghi.
on december 24 1951 a petition for the winding up of the company was filed by s. sewa singh gill in the name of the company.
the appeals were heard by dulat and pandit jj.
clause 6 of the agreement states the patiala state agrees to give the proposed companypany the following among other facilities the patiala state shall provide for the proposed companypany land upto 100 acres at doraha as required by the companypany.
on the passing of this order the voluntary liquidators resigned and the bank of patiala was appointed as the official liquidator.
on october 28 1954 13 shareholders filed a petition for compulsory winding up of the companypany and on 21st october 1955 an order for the companypulsory winding up of the companypany was passed by the pepsu high companyrt.
in respect of such portion of the land as the government property it shall be made available at such concessional rates as may be fixed by the minister in charge of development and in regard to such portion as may have to be acquired for the companypany from private owners such companyt shall be paid to the state as may be assessed under the.
who on may 8 1964 allowed the appeal of the state to the extent that the land in dispute belonged to the state but its possession would remain with the companypany till a valid numberice was given by the state.
various claim petitions were filed including l.m.
harbans singh for respondent number 2.
civil appellate jurisdiction civil appeal number 1434 of 1967.
in support of this appeal it was companytended on behalf of the state of punjab that the high companyrt was in error in holding that the first numberice given by the director of industries to the provisional liquidators was number legally sufficient and the respondent number 2 was number bound to give possession to the state unless a fresh numberice was given.
on april 20 1948 prospectus of the companypany as filed with the registrar of joint stock companypany patiala and on july 21 1948 certificate for the companymencement of business was granted to the companypany.
sardar sewa singh gill respondent number 1 wanted to promote a companypany for the manufacture of banaspati and for that purpose he approached the maharaja of patiala for certain concessions and grant of land at doraha.
at doraha.
230 304 of 1962.
this plot of land wag to be made over to him on payment of the companyts of the land.
13 was entered into between sewa santokh brothers p limited arid the patiala state for grant of certain companycessions for the establishment of the ghee factory.
the ghee factory that was to be established was styled as the patiala banaspati and allied products company limited hereinafter referred to as the companypany .
c. mahajan and r. n. sachthey for the appellant.
32 of 1952 wherein respondent number 1 claimed various sums on account of expenses incurred including the land at doraha.
230/304 of 1962.
1/1 report number on february 4 1947 an agreement ex.
number.
against the judgment of the learned single judge the state of punjab filed l.p.a.
the judgment of the companyrt was delivered by ramaswami j. this appeal is brought by certificate from the judgment of the punjab high companyrt dated may 8 1964 in p.a.
the petitions were heard by mahajan j. who by his order dated may 26 1962 disallowed the claim of res pondent number 1 to the land but held that the land remained vested in the respondent companypany till such time as state exercised its rights under the agreement of february 4 1947.
