Swati Ferro Alloys Pvt. Ltd.VERSUS Orissa Industrial Infrastructure Development Corporation

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 51 OF 2015

(Arising out of SLP(C) No.22775 of 2012)

M/s Swati Ferro Alloys Pvt. Ltd. … APPELLANT

VERSUS

Orissa Industrial Infrastructure Development Corporation (IDCO) & Ors. … RESPONDENTS

 

The 1st respondent-Orissa Industrial Infrastructure Development Corporation (‘IDCO’ for short) allotted Plot no. C/9, Industrial Estate, Cuttack on 18.3.1982 in favour of a partnership firm-M/s Prachi Vanijya (P) Ltd. on hire-purchase basis. A mortgage in favour of 2nd respondent-Orissa State Financial Corporation by M/s Prachi Vanijya was allowed by the1st respondent to secure loan. The 1st respondent intimated the 2ndrespondent on 27.11.1986 that the plot is transferred in favour of M/s Prachi Vanijya (P) Ltd. subject to payment of outstanding amount of Rs.97,888/- as on 30.11.1986.The case of the appellant is that the assets of M/s Prachi Vanijya (P) Ltd. comprising of land and building, shed and fan machines situated at C/9, Industrial Estate, Cuttack were purchased along with a loan liability of Rs.6,60,000/- of the 2ndrespondent by M/s Eastern Fans on 5.12.1987, of which Sri Satya Narayan Swain was the Managing Partner. M/s Prachi Vanijya requested the 1st respondent to give no objection to change its name as M/s Eastern Fan. The 1st respondent vide its letter dated 5.12.1987 informed that it has no objection to change of the name subject to receipt of recommendation from the 2nd respondent….read more