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2004 Supreme(SC) 452

S.RAJENDRA BABU, A.R.LAKSHMANAN
Textile Labour Association – Appellant
Versus
Official Liquidator – Respondent


JUDGMENT

Rajendra Babu, J.-This Court in a set of appeals arising out of certain orders made in a batch of writ petitions by a Division Bench of High Court of Gujarat in Association of Natural Gas Consuming Industries & Ors. vs. Oil and Natural Gas Commission & Anr., (1983) 24(2) Gujarat Law Reports 1437, examined various aspects of the matter in relation to price fixation and upheld the prices fixed by the appellant and allowed the appeals. However, during the pendency of the appeals in this Court, the interim orders granted by the High Court continued to be in operation and the respondents received gas at Rs. 1000/- per 1000M3.

2. In I.A.No. 168-178 of 1997 filed by the Official Liquidator appointed in respect of Ambica Mills Ltd. in Civil Appeal No. 8540-40 of 1983, this Court on 17.10.1997 held as under :-

"All that is necessary to be said is that out of the assets of the company under liquidation, the dues of ONGC Ltd., are required to be paid off first and the question of making any payment to any other creditor can arise only out of the surplus, if any, remaining after the full dues of the ONGC Ltd. have been paid off. The High Court is, therefore, to proceed with the matter i















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