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HIGH COURT OF KERALA
MR. NITIN JAMDAR, CJ, S. MANU, J
POYILAKADA FISHERIES PVT.LTD. – Appellant
Versus
THE STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. factual background of the appellant's case. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. arguments by the parties regarding resumption of land. (Para 7 , 9 , 11 , 16 , 17) |
| 3. court's analysis on failure to utilize the property. (Para 8 , 10 , 12 , 13 , 14 , 15 , 18 , 19) |
| 4. final decision on the appeal. (Para 20) |
JUDGMENT
S.MANU, J.
The Appellant/Original Petitioner is a private limited company incorporated under the Indian Companies Act, 1956 and is engaged in medium scale enterprise in sea-food industry. Originally Plot No.T.S.177 having an extent of 129.08 cents of land in Sy. No.R.S. No.177 part 1-5-177/3 in Katchery Village, Westhill, Kozhikode which was demarcated as Industrial Development Plot under Respondent No.1, was allotted on hire purchase basis to M/s. Sea Diamond Pvt. Ltd. for sea food industry. But, the aforesaid company did not succeed in their business resulting in huge financial liability viz., gross dues to Kerala Financial Corporation (KFC), Central Bank, District Industries Centre, Sales Tax, Electricity Charges etc. Subsequently, M/s. Sea Diamond Pvt. Ltd. approached the Petitioner with a proposal to take over the unit/assets and the same was negotiated and
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