In case of a Company in liquidation, Plant & Machinery cannot be excluded from Immovable Property

GUPTA REFRACTORIES V CONSOLIDATED STEELS & ALLOYS LTD (DEL) Co APP. 
21/2009 Vikramajit Sen & Siddharth Mridul, JJ.

The Learned Single judge while dealing with the aspect whether the plant and machinery in the factory premises of the Company in liquidation was movable or immovable property, came to the conclusion that heavy machinery, plant and equipments and also the sheds installed by the Company in liquidation, at the time of their installation or erection, were installed or erected with a view to permanently install or erect the plant at the site, which established that the machinery had been imbedded into the earth with the intention of permanently establishing the plant, hence constitute immovable property.

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