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2012 DIGILAW 1112 (MP)

IFCI Ltd. v. Employee Provident Fund Organization

2012-11-05

SUJOY PAUL

body2012
Judgment Sujoy Paul, J.;- 1. In this review petition the petitioner has prayed for modification/review of the order dated 31.8.2012. Mrs. Nandita Dubey, learned counsel for the review petitioner advanced two grounds for the said review, which are - (i) the members of the consortium were not party in the writ proceedings. The present petitioner/IFCI Ltd. was only the leader of the consortium. In absence of impleadment of the members of the consortium, it is not possible for IFCI Ltd. to collect the amount which was already distributed to the said members. Hence, either in the present proceedings the said members be impleaded or the order be recalled and in the writ proceedings the said members be impleaded (ii) no time-limit is fixed by this court for IFCI Ltd. As per paras 25 and 26 of the order, IFCI Ltd. was required to repay the amount by recovering it from members of consortium or by selling the remaining land or property of the erstwhile industry. It is stated that said action will consume sometime and, therefore, a reasonable time of eight to twelve months be granted for this purpose. No other ground is pressed by learned counsel for the petitioner. 2. Shri R.K. Goyal and Shri Prashant Sharma, learned counsel for the other side, submit that so far fixation of time is concerned, they have no objection, however, they seriously objected to the other ground raised. 3. In the considered opinion of this Court, in para 26 of the order dated 31.8.2012 it is made clear that the petitioner can recover the amount for the purpose of repayment from members of consortium. It is for the petitioner to decide his remedy for the purpose of said recovery of amount. The same cannot be a ground for reviewing or recalling the order. Thus, this ground is hereby rejected. 4. In view of the stand of the parties on the second ground, I deem it proper to extend the time as prayed by IFCI Ltd. for next eight months because the IFCI Ltd. has already enjoyed time from the date of passing of the order, i.e., 31.8.2012. Hence, eight months' time is fixed for IFCI Ltd. to complete the exercise as directed in the main order. This review petition is disposed of.