2014 (1) TMI 1963

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ivery of possession. Accordingly, the application is allowed.
THE HONOURABLE MR. JUSTICE ANAND BYRAREDDY For the Applicant : Shri. S.S. Haveri , Advocate For the Respondent : Shri. K.S. Mahadevan, Advocate for Official Liquidator ORDER The present application is filed in the following background: The applicants claim to be owners of property bearing Sy. No. (R.S.No.16, 17 and 19B) CTS No.99, situated in Ward No.3, Mariyana Thimmasagara Village, Hubli Taluk, measuring 14 acres and 28 guntas, now within the limits of Hubli-Dharwad Municipal Corporation. The Karnataka Co-operative Textile Mills Limited was ordered to be would up by this Court, by order dated 5.11.1998 in Company Petition 149/1998 and the Official Liquidator was appoin .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ment promulgated an ordinance and ultimately enacted the Karnataka Co-operative Textiles Mills (Acquisition and Transfer) Act, 1986, by virtue of which the State Government acquired right and title in the said mills and Mahadevappa and Sons Limited, Hubli and in view of the acquisition, the State Government stepped into the shoes of the original lessee Southern Maratha Spinning and Weaving Company Ltd., and claimed relationship of lessor and lessee between the applicants and the respondent. The Board of Industrial and Financial Reconstruction ('hereinafter referred to as 'the BIFR', for brevity) ordered for winding up of the said KCTML and appointed the Karnataka State Industrial Investment and Development Corporation Ltd. as its selling ag .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... rred in the name of the applicants by the Hubli-Dharwad Municipal Corporation, Hubli, on 19.04.2008 and they are paying taxes in respect of the same. This Court, in OLR 674/2005 in Company Petition 149/1998 in C.A.762/2003 of M.K. Kathere and another vs. M/s. Karnataka State Co-operative Textiles Mill Limited, in the similar set of facts, ordered for delivery of possession and accordingly, the possession of the property has been delivered to the owners in W.A.No.736/2010, the applicants in C.A.762/2003. Attention is also drawn to a similar company application in C.A.1112/2010, whereby this Court had ordered for delivery of possession by order dated 8.7.2011. A civil suit in O.S.No.260/2002 was filed by the petitioners in W.P.9972/2007. Howe .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X