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Judgment
Tarlok Singh Chauhan, J
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.â€
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.
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.
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.
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.
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.
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.
The instant petition stands disposed of in the aforesaid terms, so also pending applications, if any. Parties are left to bear their own costs.