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1ihar State Electricity Board v. M/S. Maa Mamta Cold Sotrage Pvt. Ltd.

Supreme Court of India · 9 February 2010

Court
Supreme Court of India
Decided
9 February 2010
Case no.
C.A. No. 430 of 2003
Bench
Harjit Singh Bedi, Chandramauli Kr. Prasad
Length
2 pages
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IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 430 OF 2003

BIHAR STATE ELECTRICITY BOARD & ORS.
.....
APPELLANTS

VERSUS

M/S MAA MAMTA COLD STORAGE PVT. LTD.
.....
RESPONDENT

ORDER

We have heard the learned counsel for the parties.

In view of the specific words in Clause 8 and Clause 3A of the Sale Deed dated 14th May, 1990 which read as under:-

“8. Other liabilities if any, shall be the personal liabilities of the original promoters, except the statutory dues which shall be paid by the purchaser.

3A. The sale of the said mortgaged properties is free from all charges liabilities encumbrances and claims subject to payment to the vendor corporation of the said balance sum of Rs... together with current rate of interest and as also subject to payment of statutory all the ... of Bihar State Electricity Board if any and the vendor corporation shall keep. The purchaser indemnified against all claims costs charges demands and proceedings thereof,”,

We are not inclined to interfere in this matter.

The appeal is dismissed.

..................J
[HARJIT SINGH BEDI]

..................J
[C.K. PRASAD]

NEW DELHI
FEBRUARY 09, 2010.

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