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1958 Supreme(SC) 145

B. P. SINHA, K. N. WANCHOO, K. SUBBA RAO, N. H. BHAGWATI, S. R. DASS
S. K. G. Sugar LTD. – Appellant
Versus
Ali. Hassan, Chairman, Industrial Tribunal Bihar – Respondent


Advocates:
A.B.N.Sinha, B.P.MAHESHVARI, C.K.DAFTARY, S.P.Varma

Judgement

N. H. BHAGWATI, J. : This appeal with special leave is directed against the judgment of the High Court of Judicature at Patna dismissing the writ application of the appellant seeking to quash the proceedings in Miscellaneous Cases Nos. 26 and 27 of 1955 before the Industrial Tribunal, Bihar, Patna.

2. Gaya Sugar. Mills Ltd., a Company incorporated in 1934 owned a Sugar Factory at Guraru, District Gaya. An order for the compulsory winding up of the Company was passed on 4th November 1951, and by a subsequent order dated 1st February 1952, one Dhansukh Lal Mehta was appointed liquidator of the Company. In order to preserve the aforesaid Sugar Mills at Guraru in proper running order and also for the beneficial winding up of the Company the liquidator obtained under S. 171 (b) of the Indian Companies Act sanction of the Court to lease out the said Mills with all the lands, factory and residential buildings and machineries, etc. The Guraru Cane Development and Cane Marketing Union Ltd., were the former lessees of the said mills but on the expiration of their lease, the liquidator obtained from the Court an order on 3rd December 1954, sanctioning the lease in favour of Shri Krish






















































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