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Judgment
O R D E R
Per: Justice Rakesh Kumar Jain: (Oral)
13.12.2024: This appeal is directed against the order dated17.09.2024 by which an application filed by the Appellant bearing 4814 of 2023 has been dismissed being defective.
Shorn of unnecessary details, the Appellant had earlier filed an application bearing 1598 of 2023 in which the following order was passed:-
“In relation to the above reliefs, a representation dated 09.08.2022 has been made by the applicant to Mr. Santosh Kumar Singh, OSD, Greater Naida Industrial Development Authority (Annexure-K). These are the issues that are related to facts and that can be considered and disposed of by the Greater Naida in accordance with the law. Therefore, we direct Greater Naida to consider this representation and disposed of the same on merits within a period of 60 days from the date of receipt of a copy of order. Accordingly, new IA-1598/2023 stands disposed of.”
In pursuance of the aforesaid order, GNIDA passed an order on 19.01.2024 which has been reproduced as it is by the Tribunal in the impugned order. The last paragraph of the said order is relevant for the case which is reproduced as under:-
“Whereas, a similar representation dated 09.08.2022 was submitted to Mr. Santosh Kumar Singh, OSD, Greater Naida Industrial Development Authority for change the name of the company in relation to the plot no. 97-B, Sector- Udyog Kendra Ecotech-III as Unnati Fortune Industries Private Limited instead of Hawk Industries Private Limited in the records of GNIDA and to change the address of the registered office of the Company and to update the name of the directors of the company and their shareholdings in the records of the GNIDA in terms of letter dated 08.12.2021 and to cancel its demand of Rs. 2,89,93,407/- and Rs.11,71,770/- raised by the GNIDA vide their letter dated 04.07.2021. The said request has been considered in the backdrop of the provisions of the Uttar Pradesh Industrial Area Development Act, 1976 and rules and regulations framed and directions issued thereunder from time to time and relevant fact and law applicable and found that the above said request made against the leased out property bearing plot no. 97-B, Sector- Udyog Kendra Ecotech11I Greater Naida is contrary to the terms and conditions of the lease deed dated 29.03.2007- under which the project land was leased out to the lessee - Mis Hawk Industries Pvt. Ltd. and other applicable rules and regulations for the said purposes.”
The present application has been filed with the same prayer made by the Appellant which read as under:-
“i)Direct the Respondent to change the name of the Applicant in relation to the plot no. 97-B, Sector Udyog Kendra Ecotech-111 as Unnati Fortune 216 Industries Private Limited instead of Hawk Industries Private Limited in its records;
ii) Direct the Respondent to change the address of the registered office of the Applicant Company, in its records, to 8 – D, Hansalaya 15, Barakhamba Road, New Delhi - 110001;”
The Tribunal has therefore, dismissed the application of the Appellant on the ground that the Appellant should have challenged the order dated 19.01.2024 by which the same prayer is now being made in the present application has been rejected. In the absence of challenging the said order, a fresh application on the same cause of action is not maintainable.
We do no find any error on the part of the Tribunal in dismissing the application. Hence, the present appeal lacks merit and the same is hereby dismissed. No costs.
After the aforesaid order has been passed, Counsel for the Appellant has requested that she may be allowed to challenge the order dated 19.01.2024. The appellant may, if so advised, take legal remedies available to it in accordance with law.