Allahabad High Court
Diwakar Pandey vs M. D. U.P. State Sugar And Cane Devp Corp. ... on 28 January, 2013
Author: V.K. Shukla
Bench: V.K. Shukla
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 30 Case :- WRIT - A No. - 19821 of 2010 Petitioner :- Diwakar Pandey Respondent :- M. D. U.P. State Sugar And Cane Devp Corp. And Others Petitioner Counsel :- Bijendra Kumar Mishra Respondent Counsel :- S. S. Nigam,S.C. Hon'ble V.K. Shukla,J.
Petitioner had been performing and discharging duties with U.P. State Power Corporation Limited, Lucknow. Earlier his services had been suspended; against which the petitioner filed writ petition No.9530 of 2007. Said writ petition was allowed and enquiry was directed to be conducted, in accordance with law. Thereafter vide order dated 25.03.2010 services of the petitioner had been dismissed. Against the said order, present writ petition has been filed. Counter affidavit has been filed on 10.05.2010 and rejoinder affidavit has been filed on 24.08.2010 and the petitioner has been pending. During pendency of writ petition, on 02.01.2011 as SLUMP SALE AGREEMENT has been entered into between U.P. Rajya Chini and Evam Ganna Vikas Nigam Limited and Mallow Infratech Private Limited. Clause 2.7 of the said agreement provides as below:
"2.7 It is hereby further agreed between the parties that all contingent liabilities and legal cases pending in respect of the Unit, shall be transferred by the Seller to the Purchaser and the Purchaser is solely liable in respect of such contingent liabilities from the Signing Date and the Seller shall have no liabilities whatsoever in such respect."
In view of the same it has been mentioned by Sri Shakti Swarup Nigam, Advocate that from the date of the aforesaid agreement entire liability passes on the Purchaser, and as such the Purchaser should be made party to the present proceeding.
Once SLUMP SALE AGREEMENT has been entered into between U.P. Rajya Chini and Evam Ganna Vikas Nigam Limited and Mallow Infratech Private Limited and clause 2.7 of the said agreement provides that the same is inclusive of all contingent liabilities and legal cases pending in respect of the Unit, as such Mallow Infratech Private Limited, a company registered under the Indian Companies Act, 1956, having its registered office at WZ-389A, Rishi Nagar, Shakur Basti, New Delhi, through its Managing Director be also impleaded as respondent No.5 in the array of respondents.
In view of this liberty is given to the petitioner to implead Mallow Infratech Private Limited as respondent No.5. Said incorporation be carried out forthwith.
Let notices be issued to newly impleaded respondent No.5, returnable within next six weeks.
Order Date :- 28.1.2013 SRY