38 % 04.05.2009 Present: Mr. Rakesh K. Khanna, Sr.Adv. with Ms. Shaiija Sinha and Mr. Vinay K. Garg, Adv. for the Appellant. Mr. Naveen Sharma, Adv. for the Respondent. CM APPL. No. 6295/2009 (Condonation of delay) in Co. App. No.13/2009 Notice which is accepted by learned counsel for the respondent. For the reasons stated in the application, the delay of 21 days in filing the appeal is condoned and the application is allowed. CM APPL. No. 6294/2009 (Exemption) in Co. App. No. 13/2009 Allowed subject to just exceptions. + Co. App. No. 13/2009 and CM APPL. No. 6293/2009 (Stav) After arguing for some time, it cannot be disputed that the findings of the learned Company Judge in terms of the impugned ^ order are not based on the result of any evidence being led by the parties. The finding is based on the documents as they were available. It is the case of the appellant that lesser amount of land i.e. only 2.75 acres was part of Amritsar Oil Works which was the unit of Amritsar Sugar Mills Company and the oil works assets were taken over in terms of the Amritsar Oil Works (Acquisition and Transfer of Undertakings) Act, 1982. On the other hand, the contention of the learned counsel for the respondent is that the complete land formed a part of the Amritsar Oil Works. He Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified further contends that the appellant never raised this issue over this long period of time. We are of the considered view that since the learned Company Judge did not put to trial the matter, the findings are as a result of summary proceedings. In case the appellant wants to establish its claim over the land after leading evidence, it is open for the appellant to do so but, only in accordance with law and i subject to all objections as may be available to the respondent S includingbut not restrictedto limitationand maintainability. The aforesaid is agreed to by learned counsel for the parties. The appeal is accordingly disposed of. ( cT SANJAYKISHAN KAUL,J. ' \A ' \AM<ah ' - MAY 04, 2009 SUDEflSHANKUMA^ISRA,J. rd \