Supreme Court of India
M/s Swati Ferro Alloys Pvt. Ltd. v. Orissa Industrial Infrastructure Development Corporation (idco) & Ors.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
We are of the opinion that the respondent-IDCO should inquire into the matter to find out as to whether the land is properly used by one or other party for the purpose it was open or by opening different firms or D companies in different names in same premises, they are availing loan mortgaging the same very land.
Judgment, page 9
From the headnote
Constitution of India, 1950: Article 226 - Jurisdiction under- Disputed question of facts - Dispute over land allotted to appellant whicf! had mortgaged it to the Corporation - High Court held that factual disputes cannot be decided in proceeding u/Article 226 - Held: There is disputed question of fact about the ownership of the plot - Therefore, the High Court was justified in dismissing the proceeding and directing the parties to approach the Civil Court for resolving such dispute - Further, prima facie neither original borrower nor the appellant did any business on the plot in question,
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