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1995 Supreme(Raj) 129

J.R.CHOPRA, P.K.PALLI
RAJASTHAN STATE INDUSTRIAL DEVELOPMENTAND INVESTMENT CORPORATION LTD. (RIICO) – Appellant
Versus
STATE OF RAJASTHAN – Respondent


Advocates Appeared:
B.C.Mehta, VINIT KOTHARI

Judgment

( 1 ) BY this writ petition, the petitioner has sought the following reliefs :- (I) Quash the impugned orders/letters of the respondent No. 2, Annexure 5, dt. 18-4-1994, 16-8-1994, Annexure 9 and Annexure 10, dt. 22-12-1994. (ii) Hold that the respondents Nos. 1 and 2 are not entitled to attach/auction, sell or otherwise take over the possession of the industrial undertaking of the respondent No. 3, in violation of rights of the petitioner Corporation. (iii) Hold that the S. 11aaaa of the RST Act does not override statutory powers of the petitioner-Corporation, under Ss. 29/30 of the Act. (iv) Restrain the respondents Nos. 1 and 2 from auctioning the property, in question. (v) Set aside the sale or transfer, if any made by the respondent No. 2. (vi) Direct the respondents Nos. 1 and 2 to deposit realization, if any, made by them by auction of property of the respondent No. 3 with the petitioner-Corporation. (vii) Permit the petitioner-Corporation to take over the assets of the respondent No. 3 under Sections 29/30 of the S. F. C. Act, 1951. (viii) Strike down the provisions of Section 11aaaa of the Act as ultra vires and further realize their loan by sale, auction or otherw









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