M/S. DULARI EXPORTS LTD. & ORS. versus H.S.L.D.C. LTD. & ORS.

M/S. DULARI EXPORTS LTD. & ORS. versus H.S.L.D.C. LTD. & ORS.

The Corporation, by directing the Review-Petitioners to handover possession for failure to fulfill conditions, had in effect and substance directed resumption of the plot. The subsequent completion of construction does not entitle the Review-Petitioners to revive the lapsed offer to pay at the prior rate.

Parties
Review Petitioners: Mis. Dulari Exports Ltd. & Ors.; Corporation/respondents: H.S.I.D.C. Ltd. & Ors.
Jurisdiction
India
Judgment Date
16 July 2009
Procedural Posture
Review Petition (civil) No. 1079 of 2008, in Civil Appeal No. 4130 of 2008 / Review Petition Before Supreme Court Post Judgment
Outcome
Review Petition dismissed with costs payable to the Corporation.
Legal Topics
Resumption of Industrial Plot, Failure to Deposit Installment, Re Allotment Conditions, Review of Supreme Court Order
Urban Development Resumption of Industrial Plot Failure to Deposit Installment Re Allotment Conditions Review of Supreme Court Order

Case Brief

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Parties

Mis. Dulari Exports Ltd. & Ors.

Review Petitioners

H.S.I.D.C. Ltd. & Ors.

Corporation/respondents

Procedural Posture

Review Petition (civil) No. 1079 of 2008, in Civil Appeal No. 4130 of 2008 / Review Petition Before Supreme Court Post Judgment

Legal Issues

  1. 1 Whether the Corporation had directed resumption of allotted plot to petitioner
  2. 2 Whether the Court, in disposing the earlier appeal, acted on a correct understanding of the Corporation's order
  3. 3 Entitlement of Review-Petitioners to re-allotment at previous rates

Ratio Decidendi

The Corporation, by directing the Review-Petitioners to handover possession for failure to fulfill conditions, had in effect and substance directed resumption of the plot. The subsequent completion of construction does not entitle the Review-Petitioners to revive the lapsed offer to pay at the prior rate.

Court Disposition

Review Petition dismissed with costs payable to the Corporation.

Orders

  • Review-Petitioners may tender the requisite amount within seven days, to be accepted by the Corporation.
  • Review Petition is dismissed with cost of Rs.1,00,000/- payable to the Corporation.