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2004 Supreme(SC) 1263

G. P. MATHUR, P. K. BALASUBRAMANYAN
Allahabad Bank Etc. – Appellant
Versus
Bengal Paper Mills Co. LTD. Etc. – Respondent


JUDGMENT

P.K. Balasubramanyan, J.-

I.A.Nos. 9-11 in Civil Appeal Nos. 4191-4193 of 1991

These are applications by Respondent No.2 in the above mentioned appeals, C.A. Nos. 4191-4193 of 1991. The prayer therein is for a clarification of the Judgment in the appeals rendered by this Court on 20.4.1999 by providing that the applicant was also entitled to the amount of Rs. 1,56,21,839.25 being the interest that has accrued on the purchase price of Rs. 2 crores paid by it for the assets of the Bengal Paper Mills Co. Ltd., a company in liquidation. The applications are opposed by the creditors, some of whom were the appellants in the appeals.

2. The Bengal Paper Mills Co. Ltd. was ordered to be wound up in a winding up petition filed by its creditors. The order was passed on 24.4.1987. Even before the order for winding up, the assets were put in possession of two joint receivers appointed in a suit by one of the creditors. On the Official Liquidator being appointed in liquidation, the joint receivers were directed to put the Official Liquidator in possession of the assets of the debtor company. They put him in possession. The possession was thus obtained by the Official Liquidator. After gett






















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