IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 12793 of 2005(W)
1. M/S.GUJRAT INJECT (KERALA) LIMITED,
... Petitioner
Vs
1. KERALA STATE INDUSTRIAL DEVELOPEMENT
... Respondent
2. THE TAHSILDAR, (REVENUE RECOVERY),
For Petitioner :SRI.S.RAMESH BABU
For Respondent :SRI.M.PATHROSE MATTHAI (SR.)
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
Dated :28/07/2008
O R D E R
C.N.RAMACHANDRAN NAIR, J.
-------------------------
W.P.(C) No.12793 of 2005
---------------------------------
Dated, this the 28th day of July, 2008
J U D G M E N T
Heard learned counsel for petitioner and learned standing
counsel appearing for KSIDC.
2. Petitioner availed loan from KSIDC, which led to the
impugned recovery proceedings. Even though B.I.F.R. rejected the
application filed for revival and ordered winding up, this Court
appears to have set aside the order of the B.I.F.R. and remanded
the matter to the B.I.F.R.. If no scheme is pending, Section 22 of
the Sick Industrial Companies (Special Provisions) Act will not apply
to the petitioner and in that event recovery can be continued. In
any case, if B.I.F.R. has not finally disposed of the matter, there will
be direction to the B.I.F.R. to finally dispose of the matter within a
period of three months from today. Petitioner will produce copy of
the judgment for compliance. Recovery thereafter can be continued
if there is no scheme approved for rehabilitation by the B.I.F.R.
The writ petition is disposed of as above.
(C.N.RAMACHANDRAN NAIR, JUDGE)
jg