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3.2 It is the case of the petitioner that the respondent - GIDC was aware of the liquidation proceedings inasmuch as, by communication C/SCA/3688/2022 CAV JUDGMENT DATED: 13/02/2023 dated 10.02.2022, the liquidator was informed of the impugned notices. It is also the case of the petitioner that in October 2021, E-mails were exchanged between the respondent no.1-GIDC and the liquidator and therefore, though the GIDC was aware of the appointment of liquidator, the impugned communications were not addressed to the liquidator.

C/SCA/3688/2022 CAV JUDGMENT DATED: 13/02/2023

5. Mr.Mihir Joshi learned Senior Advocate with Mr.R.D.Dave learned advocate for the respondent no.1 has made the following submissions:

5.1 He would submit that the land was allotted to the petitioner vide letter of allotment dated 09.01.2007. The allotment letter is produced along with a synopsis. A license agreement was entered into on 20.01.2007. When the allotment letter and the license agreement are read, what is evident is that the petitioner company was to submit a time bound program / development schedule for utilization of the land within three years from the date of allotment. Adverting to the relevant clauses of the license agreement, he would submit that if the Executive Engineer of GIDC did not approve the plans, the GIDC would have a right to terminate the agreement.

C/SCA/3688/2022 CAV JUDGMENT DATED: 13/02/2023 5.2 Relevant clauses of the lease agreement viz. clauses nos.15, 17 and 18 were read to indicate that in the event the company does not pay the rent, the agreement would be terminated in accordance with the provisions of the GPP Act. 5.3 Before the NCLT as a result of the GIDC's delay in lodging the claims before the Liquidator, the GIDC has made an application for a prayer that approval be granted from the NCLT for taking action against the petitioner under the GPP Act. This was done as when a public announcement was made of liquidation, and an E-mail was addressed to the Liquidator, notices and orders impugned were served through E- mail to the company. When the E-auction notice was issued by the Liquidator for sale of this property, the NCLT was moved.

"17. Lessor's allotment letter The Lessor had issued in respect of the demised premises an allotment letter No.GIDC/DM/(CG)ANK/ALT/204 dated 09/01/2007 & a corrigendum order No.GIDC/DM/(CG)ANK/ALT/PLT/65 dated 26-4-2007 & corrigendum letter No.GIDC/DM/(CG)ANK/ALT/DHJ/1927 dated 26/3/2008. The terms and conditions of the above mentioned letters will form part of this Lease Deed."