Full Judgment Text
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
th
Clause 3A of the Sale Deed dated 14 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.