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M/s. Metal Seam Co. Pvt. Ltd. Vs. M/s. Avadh Delicacies [19/01/16]

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[Civil Appeal No. 361 of 2016 arising out of SLP (C) No. 10951 of 2014]. This appeal challenges the judgment and order dated 28.03.2014 passed by the High Court of Judicature at Allahabad, Lucknow Bench, Lucknow in Writ Petition No.1840 of 1998 whereby the High Court was pleased to set-aside the orders dated 09.06.1998 and 15.06.1998 passed by the General Manager, District Industries Centre, Lucknow. The facts in the present matter are as under:- In 1956, Shed No.B-5 inclusive of appurtenant open space situated in Talkatora Industrial Estate, Lucknow (hereinafter referred to as the "concerned shed") was allotted to M/s Surya Chemicals for establishment of a factory. Under the Hire Purchase agreement entered into between M/s Surya Chemicals and the Director of Industries on behalf of the Government of U.P., it was expressly stipulated in Condition No.4 as under:- "Not to sell, mortgage, assign or otherwise transfer the factory building except with the previous permission in writing of the Director of Industries, U.P. till the price has been fully paid and the transfer as aforesaid shall be as such conditions as the Director of Industries, U.P., may lay down while granting such permission."

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