J.CHELAMESWAR, P.R.RAMACHANDRA MENON
K. M. Basheer Moulavi – Appellant
Versus
Kerala State Industrial Development Corporation, Represented by its Managing Director – Respondent
J. Chelameswar, J. –
This is an appeal against the judgment in O.P. No.9348 of 1997 dated 01.07.1997, by the petitioner therein.
2. The sole respondent is the Kerala State Industrial Development Corporation. The respondent ‘took over’ certain properties of a private limited company known as ‘Salih Industrial Enterprises Pvt. Ltd’. The property is popularly known as ‘Fort Manor’ is located at Power House Road, Thiruvananthapuram. Such ‘take over’ was made in exercise of the power conferred on the respondent under Section 29 of the State Finance Corporation Act obviously on the ground that the abovementioned Salih Industrial Enterprises defaulted in repayment of certain loans due to the respondent Corporation. Subsequent to the take over, the respondent put up the abovementioned property for sale by inviting tenders from interested parties and an advertisement (marked as Ext.P1 in the Original Petition) in this regard was published in the Indian Express Daily dated 28.02.1997. The tender notice in so far as it is relevant for the purpose of the present appeal reads as follows:
“Details of the tender-cum-auction:
If interest, sealed tenders or a tender-cum-auction basis
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