IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR MONDAY, THE 28TH JULY 2008 / 6TH SRAVANA 1930 WP(C).No. 12793 of 2005(W) -------------------------- PETITIONER: ------------ M/S.GUJRAT INJECT (KERALA) LIMITED, PALAKKAD - 678 625. REPRESENTED BY ITS AUTHORISED SIGNATORY, SRI.A.SIVARAMAKRISHNAN. BY ADV. SRI.S.RAMESH BABU RESPONDENTS: ------------- 1. KERALA STATE INDUSTRIAL DEVELOPEMENT CORPORATION, (KSIDC) REPRESENTED BY ITS GENERAL MANAGER AND SECRETARY, TRIVANDRUM. 2. THE TAHSILDAR, (REVENUE RECOVERY), PALAKKAD. BY ADV. SRI.M.PATHROSE MATTHAI (SR.) FOR R1 SRI.RONY J.PALLATH FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.12793/2005 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF CERTIFICATE FROM R1 DATED 05/05/1994 CERTIFYING THAT THE COMPANY HAS BEEN INCORPORATED IN 1991 AS A JOINT SECTOR COMPANY BY KSIDC AND GUJARAT INJECT (KERALA) LTD. P2 : COPY OF INQUIRY UNDER SEC.16 OF THE ACT WAS COMMENCED BY THE BIFR AS IS EVIDENT FROM THE COMMUNICATION DATED 07/01/1999. P3 : COPY OF ORDER DATED 14/04/2002 BY THE BIFR IN CASE NO.1/99. P4 : COPY OF REVENUE RECOVERY NOTICE DATED 28/03/2005. P4(a) : COPY OF REVENUE RECOVERY NOTICE DATED 28/03/2005. //TRUE COPY// PA TO JUDGE. jg 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