M/S Himachal Spirit vs State Of H.P. & Ors
2021 Latest Caselaw 2942 HP

          IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

                                                  CWP No. 1512 of 2020 a/w




                                                                                   .
                                                  CMP No. 11790 of 2020 &





                                                  CMP No. 6553 of 2021
                                                  Decided on: 23.06.2021





    M/s Himachal Spirit                                                     ...Petitioner
                                         Versus
    State of H.P. & Ors.                          ...Respondents





    _____________________________________________________________
    Coram:
    Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge.
    Hon'ble Mr. Chander Bhusan Barowalia, Judge.

    Whether approved for reporting? 1       No.

    For the Petitioner :                 Mr. Ashok K. Tyagi, Advocate.

    For the Respondents: Mr. Ajay Vaidya, Senior Additional
                      Advocate General, for respondents-
                      State.



                                         Mr. Karambir Singh Nalwa and Mr. Sunny
                                         Modgil, Advocates, for respondent No. 5.




                                         (Through Video Conferencing)





    Tarlok Singh Chauhan, Judge (Oral)

The instant petition has been filed for the grant of

following substantive reliefs:-

"(i) That the letter/order dated 05.05.2020 passed by respondents may kindly be quashed and set-aside and the petitioner may kindly be permitted to sell the ready to move stocks and raw material.

(ii) That the respondents be restrained from interfering in running the unit till the existence of lease agreement."

Whether reporters of the local papers may be allowed to see the judgment? yes

2. It is not in dispute that the petitioner and private

respondents have already resorted to arbitral proceedings by

.

issuing notice to this effect. Therefore, the instant petition has

virtually been rendered infructuous, however, the question of

lifting of the stock, which is lying in the premises of respondent

No. 5, is still at large.

3. The parties are ad idem that the stock in question

belongs to the petitioner and the same can be permitted to be

lifted only after the dues of the official respondents and other

persons and/or Authority(ies) are cleared.

4. As a matter of fact, the prayers in both the

applications are virtually the same, namely, seeking directions to

the official respondents, for permitting the petitioner to lift the

stock.

5. Accordingly, we deem it proper to allow both these

applications by directing the official respondents to permit the

sale of the stock lying in the premises of respondent No. 5, by

associating both the petitioner as also the private respondents.

The sale shall be conducted in such a manner, so as to fetch the

maximum amount of revenue, which is only possible after

resorting to sell through public auction or by competitive

bidding.

6. Accordingly, the official respondents are permitted to

sell the entire stock lying in the premises of respondent No. 5 by

associating the petitioner as also the private respondents and

the same shall be carried out only after wide publicity in the

.

newspaper/television/cable network.

7. In addition thereto, notice shall also be placed at the

conspicuous part of the factory premises as also the office of the

Collectorate. The sale proceeds shall be not distributed to any of

the parties but shall be deposited in the Registry of this Court

and same shall be subject to further orders of this Court.

8. The instant petition stands disposed of in the

aforesaid terms, so also pending applications, if any. Parties are

left to bear their own costs.

                                                (Tarlok Singh Chauhan)
                                                         Judge



                                            (Chander Bhusan Barowalia)
           23   rd
                     June, 2021                        Judge




                (TM/sanjeev)