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Can Pvt Ltd Company in Maharashtra buy Agricultural land

Page no : 4

Kamlesh (Director)     28 June 2013

Dear Mr Hemantji,

Thank you for your favourable reply, but this land which I am purchasing in individual capacity. so what is your opinion. Kindly suggest me.

Kamlesh

Sagar Phadke (Partner)     29 June 2013

Dear Hemantji,

Actually I had came accross decisions of Gujarath HC in .. some Prathamesh ..Pvt Ltd Co. which was based on Hon. SC decision in case of Narayan Bhimji Vadangale (both under BTAL Act).

I found more thrust on wording of definitions of "Agriculturist" and more over meaning of  "To Cultivate Personally".

Please enlighten us regarding your comments in view of those decisions.

Thanks & Regards

CA Sagar Phadke.

Bhaskar M. Raut (Advocate)     16 March 2014


Are there any judgments about the company as an agriculturist i.e whether anybody has challenged the agriculturist status of the corporate body, and the courts have decided th matter.

Bhaskar Raut

lavesh (xxxx)     26 July 2014

Dear Sir,


Can you advise whether a Private limited company having resort business purchases agricultural land adjacent to its existing premises with a object of using the said land in future for its business purpose of resort and hospitality industry once the said land become N.A in furture.

The company is availing loan from bank which is insisting that since company can not buy agricultural land, the agreement should be registered in the name of directors who are agriculturalist.

Is this permissible in law keeping in consideration provisions of Indian Companies Act 2013 and other relevant statues.


Attention is drawn to the modus operandi adopted by various companies while purchasing vechicles whereby in the record of RTO vehicles are registered in the name of directors whereas the company goes on showing the same as its fixed assets and pays for it.

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     26 July 2014

Yes is the sole answer to your subsequent query keeping in view the discussed facts relating to your issue.


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