TaxTMI 
TaxTMI 
2021 (3) TMI 1496
X X X X Extracts X X X X
X X X X Extracts X X X X
....here is a delay of 1808 days in filing the appeal, we find that interest of justice would be sub-served, if some time is granted to the appellant to quit and hand over the vacant possession of the school premises to respondent No. 1. In order to get instructions in the matter, learned counsel for the respective parties seek some time. List on 29.03.2021." 2. Today, when the matter is taken up for consideration, learned counsel stated that a representation has been made to the first respondent for consideration. It was also contended that C.A. No. 293/2018 filed by the first respondent is pending for consideration. That learned counsel for appellant has no instructions with regard to the suggestions made by this Court on the last date of hearing. 3. In the above circumstances, we have considered this appeal firstly on I.A. No. 1/2020 seeking condonation of 1808 days in filing this appeal. In support of the said application seeking condonation of delay, said Affidavit of the President of the appellant has been filed stating that Company Petition No.66/1997 pursuant to the order of winding up on 31/01/2005. C.A. No. 1409/2014 filed under Section 477 of the Comp....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... of leasehold rights. As against that order, first respondent filed Special Leave Petition No. 14127 of 2017 before the Hon'ble Supreme Court which was converted into C.A. No. 10997/2017 which was allowed by order dated 25/08/2017. For immediate reference Paragraph No.6 of the aforesaid order is extracted as under:- "6. Accordingly, we allow the appeal. It is clarified that the transfer to the appellant of the property which is the subject matter of the present appeal is not only leasehold but would be a sale thereof. The execution of the sale deed as per agreement will, therefore, be done within a period of eight weeks from today. We are informed that the appellant is in possession. We clarify that whatever sums have been returned to Shri Dave's client in the interregnum, will be returned back to KIADB within a period of four weeks from today." 7. In pursuance of the order of the Hon'ble Supreme Court, KIADB executed the sale deed in favour of the first respondent in respect of the entire extent of 283 acres of land and on the basis of the registered sale deed, first respondent issued a notice to the appellant herein to quit and deliver 5 acres of land on ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....o vacate and handover vacant possession of the school to the first respondent since the time frame granted by the learned single Judge has expired inasmuch as the impugned order was passed on 02/06/2015 and even according to the order of the learned company Judge, the time would have expired on 31/03/2019 when the academic session would have concluded after the first respondent acquiring title to the entire extent of the land on 07/05/2018 when the sale deed was executed in its favour. 17. Learned counsel for first respondent submits that since the present academic year i.e., 2020-2021 is to conclude shortly, one more year could be granted to the appellant to quit and handover vacant possession of the school and the land on which school is situated to first respondent. 18. By way of response, learned counsel for appellant submitted that a period of 25 years may be granted to the appellant to handover vacant possession of the land in question, as the school is being run on the said property. 19. Learned counsel for the appellant submitted that appellant has also the right to purchase an extent of 5 acres of land on which the school is situated if the first respondent is agr....
X X X X Extracts X X X X
X X X X Extracts X X X X
....been restored. 25. Infact, the permission sought by the first respondent in C.A. No. 1409/2014 and C.A. No. 293/2018 are one and except that, when the first company application was filled, first respondent had already acquired title to the said land. In the circumstances, consideration of this appeal is equivalent to consideration of C.A. No. 293/2018. 26. In the above circumstances, we queried the learned counsel for first respondent as to how much more time could be granted to the appellant to quit and handover vacant possession of 5 acres of land as we do not accept the request of the counsel for the appellant for 25 long years to handover vacant possession of the school to first respondent herein. 27. Learned counsel for first respondent submitted that since the time granted by the learned Company Judge in the impugned order has expired and now that the first respondent has acquired title to the entire extent of 283 acres of land pursuant to the orders and directions of the Hon'ble Supreme Court, similar order could be made in this appeal by extending the time till the end of the next academic year i.e 2021-2022 and the time could be granted till 31/05/2022 to the appe....