LawDistill
Supreme Court of India

1IHAR STATE ELECTRICITY BOARD vs M/S. MAA MAMTA COLD SOTRAGE PVT. LTD on 9 February, 2010

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C.A. No.-000430-000430 - 2003Official PDFBench Harjit Singh Bedi, Chandramauli Kumar PrasadAdvocates NAVIN PRAKASH | S. CHANDRA SHEKHAR
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
O R D E R

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.