S.B.CIVIL WRIT PETITION No. 153 of 2008 · Rajasthan High Court

HON'BLE MR. PRAKASH TATIA, J. Mr. LR Mehta, for the petitioner. <><><> Heard learned counsel for the petitioner. The industrial unit of the respondent no.3 was taken over by the Rajasthan Financial Corporation under the provisions of the Securitisation & Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the Act of 2002). The petitioner's contention is that though the possession was taken by the respondent no.1 yesterday and petitioner admits that the possession of unit can be taken over by the RFC under the Act of 2002 for the purpose of managing the affairs of the industrial unit, but the petitioner's unit's workers may be rendered jobless by the respondent RFC. Since the possession of the unit was taken over by the respondent RFC only a day before, therefore, I do not think that the petitioner's apprehension of rendering them jobless by the RFC has any reasonable basis. Even otherwise it is for the RFC to manage the affairs of the industrial unit as they are 2 entitled to manage the affairs of the unit and for that purpose unless they take decision adverse to interest of workers, the writ petition of the petitioner cannot be entertained. Hence, the writ petition of the petitioner is dismissed being pre-mature. (PRAKASH TATIA), J. c.p.Goyal/-