Supreme Court of India · 2024-04-05
M/S Jaiprakash Industries Ltd. ... vs Delhi Development Authority Through ...
- Citation / case number
- 2024 INSC 273
- Court
- Supreme Court of India
- Petitioner
- M/S Jaiprakash Industries Ltd. ...
- Respondent
- Delhi Development Authority Through ...
- Author
- Abhay S. Oka
- Bench
- Pankaj Mithal, Abhay S. Oka
Judgment text excerpt
The Supreme Court addressed the issue of whether the amalgamation of companies constitutes a sale, transfer, or assignment of leasehold rights under the lease deed. The Court held that the amalgamation does not amount to a transfer requiring consent under clause II(4)(a) of the lease deed, as it is a continuation of the same entity rather than a sale. The Court distinguished the case from Indian Shaving Products Limited v. Delhi Development Authority, emphasizing the different factual and legal contexts, and ruled in favor of the appellant, allowing the appeal against the DDA's demand for unearned increase value.