Case Note & Summary
The case involved a review petition filed by M/s Dulari Exports Ltd. and others against H.S.I.D.C. Ltd. concerning the resumption of a plot allotted for factory construction. The petitioners had initially paid four installments but failed to pay the fifth installment on time, leading to a show cause notice from the Corporation regarding the non-compliance of construction conditions. The Corporation offered the petitioners a chance to retain the plot at the current rate, which they did not accept, leading to the rejection of their objections and a directive to hand over possession of the plot. The petitioners contended that the Corporation had not formally resumed the plot and argued that they had completed construction and commenced production during the pendency of their writ petition. However, the court found that the Corporation's actions effectively amounted to a resumption of the plot. The court also noted that any subsequent events, such as the completion of construction, did not provide grounds for reviving the offer to pay the earlier rate. Ultimately, the court dismissed the review petition, stating that the petitioners could tender the requisite amount within seven days for acceptance. The review petition was dismissed with costs assessed at Rs. 1,00,000 (Rupees One Lakh only).
Headnote
A) Civil Procedure - Review of Judgment - Grounds for Review - Code of Civil Procedure, 1908, Order 47 - The court dismissed the review petition as the petitioners failed to establish any factual or legal grounds for review of the earlier judgment regarding the resumption of the plot. The court noted that the petitioners did not accept the offer for regularization within the stipulated period, thus upholding the earlier decision (Paras 1-9).
Issue of Consideration
Whether the review petitioners established grounds for review of the earlier judgment regarding the resumption of the plot.
Final Decision
The Supreme Court dismissed the review petition, stating that the petitioners failed to establish any grounds for review. The court ordered that if the petitioners tender the requisite amount to the Corporation within seven days, it shall be accepted without demur. Costs were assessed at Rs. 1,00,000.
Law Points
- Review of judgment
- resumption of plot
- compliance with conditions of allotment
- acceptance of payment
- equitable orders
