Madhya Pradesh High Court
Kerala Infrastructure Development ... vs M/S Zoom Developers (Pvt.) Ltd. on 29 July, 2019
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THE HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
COMA No.04 of 2019
Indore, dated : 29.07.2019
Shri P. U. Shailajan, learned counsel for the appellant.
Shri S. R. Kochatta, learned counsel for the respondent No.2.
Shri Milind Phadke, learned counsel for the respondent No.3. Learned counsel for the appellant - Kerala Industrial Infrastructure Development Corporation (KINFRA) has argued before this Court that in light of the judgement delivered in the case of Phatu Rochiram Mulchandani vs. Karnataka Industrial Areas Development Board & others, (2015) 5 SCC 244, no permission was required by the leaser for cancellation of lease and the lease was rightly cancelled on 12.10.2015.
This Court has carefully gone through the aforesaid judgement and learned counsel for the appellant has been able to make out the prima-facie case for grant of interim relief. Resultantly, the operation of the impugned order dated 17.06.2019 is stayed till the next date of hearing.
Issue notice to the respondent No.1 only on payment of process fee within seven days, failing which this company appeal shall stand dismissed without reference to this Court.
List the matter on 26.08.2019.
Certified copy, as per rules.
(S. C. Sharma) (Shailendra Shukla)
Judge Judge
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Digitally signed by Geeta Pramod
Date: 30/07/2019 10:22:23