Supreme Court of India
1Ihar State Electricity Board & Ors vs M/S. Maa Mamta Cold Sotrage Pvt. Ltd on 9 February, 2010
Bench: C.K. Prasad, Harjit Singh Bedi
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 430 OF 2003
BIHAR STATE ELECTRICITY BOARD & ORS. ..... APPELLANTS
VERSUS
M/S MAA MAMTA COLD STORAGE PVT. LTD. ..... RESPONDENT
O R D E R
We have heard the learned counsel for the parties.
In view of the specific words in Clause 8 and Clause 3A of the Sale Deed dated 14th May, 1990 which read as under:-
"8. Other liabilities if any, shall be the personal liabilities of the original promoters, except the statutory dues which shall be paid by the purchaser.
3A. The sale of the said
mortgaged properties is free from all
charges liabilities encumbrances and
claims subject to payment to the vendor corporation of the said balance sum of Rs... together with current rate of interest and as also subject to payment of statutory all the ... of Bihar State Electricity Board if any and the vendor corporation shall keep. The purchaser indemnified against all claims costs charges demands and proceedings thereof,", We are not inclined to interfere in this matter.
The appeal is dismissed.
..................J [HARJIT SINGH BEDI] ..................J [C.K. PRASAD] NEW DELHI FEBRUARY 09, 2010.