PSCs) and Joint Operating
Agreements (JOAs). We believe that the various pre-emption rights
under each of the JOAs only apply when there ... Transaction”.
Consequently, CAIRN took up the stand that various pre-emption rights under
each of JOA will apply only when there is an assignment
adjudication of
suit, the suit for pre-emption must fail.
3. A pre-emptor who has a right to pre-empt a sale ... force on
17.5.1995. In a suit for pre-emption, the pre-emptor has to prove his right to
pre-empt on the date of sale
equity share capital of the Second Respondent.
Pre-emption :
5. Clause 8 of the SPA provided for pre-emption rights and was in
the following ... terms:
"8. PRE-EMPTION RIGHTS
8.1 Subject to applicable law, the Parties hereby agree
that in the event that the Transferee wishes to sell
favour of the
first three petitioners in the pre-emption proceedings. The petitioners in the pre-
emption proceedings, thus, became co-sharers of plot ... order of pre-emption over such property.
A point of limitation was raised and the second petitioner in the pre-
emption proceedings, in course
case does not relate to codified statutory law of pre-
emption as is contained in Punjab Pre-emption Act or in some other
parts ... country. Undisputedly, there is neither any Pre-emption
Act in Delhi, nor the Punjab Pre-emption Act is extended to Delhi, like
some other statutes
getting an order of pre-emption. It was
further claimed in said application that the pre-emptor should be asked to
file the balance amount ... deposited by the pre-
emptor for claiming pre-emption and for ascertaining the right of pre-
emption, if any, evidence is required
against the petitioners before the learned Trial Judge
for pre-emption. The pre-emptee contested the said misc.
case by filing a written objection denying ... allowed the
misc. appeal and passed an order of pre-emption in favour
of the pre-emptors/opposite parties herein by reversing
the order passed
prior to the
institution of the pre-emption application, was not the subject
matter of challenge in the pre-emption proceeding. The
subsequent transferee (writ ... been registered before filing of the
pre-emption application, in absence of which the pre-emption
application itself not maintainable. Reliance was placed
pre-emption the
petitioner pre-emptor has to establish the basic ingredients of Section 8
of the Act of 1955. In a case of pre ... resisting said claim of pre-emption also knows what are the points in
issue in an application for pre-emption under Section
Gopal Chandra Mondal filed an application
for pre-emption (Misc. Case No.1 of 2004) claiming pre-emption on the
ground of co-shareship ... well as for
exercising any right of pre-emption by anybody. It has already been
established that pre-emptor Gopal Chandra Mondal
