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1992 Supreme(Ker) 27

PARIPOORNAN, THOMAS
Union of India – Appellant
Versus
Vijaya Mohini Mills – Respondent


Judgment :-

Thomas,J.

Union of India (appellant) has filed this Writ Appeal against the judgment of a learned single judge dismissing the Original Petition filed by the appellant. The Original Petition was filed to quash Ext. P2 judgment of the District Court, Thiruvanan-thapuram. As per Ext. P2 judgment, learned District Judge modified certain awards passed by the Assistant Commissioner of Payments under the provisions of the sick Textile Undertakings (Nationalisation) Act, 1974 - Act 57 of 1974 (for short 'the act).

2. A short resume of the facts would be necessary to dispose of this Writ Appeal. Management of M/s. Vijayamohini Mills was taken over under the provisions of Sick Textile Undertakings (Taking over of Management) Act 1972 -Act 72 of 1972 and from the appointed day (31,-10-72) the management of the Mills vested in the Central Government. The above Act was superseded by Act 57 of 1974 which came

into force on 1-4-74. The right, title and interest of the owner of the Mills stood transferred to and vested in the National Textile Corporation (for short'the Corporation'). The Act permitted those persons who had claims against the Mills, to move the Commissioner of Payments ap




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