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1986 Supreme(SC) 81

E.S.VENKATARAMIAH, M.P.THAKKAR
Doburg Lager Breweries Private LTD. – Appellant
Versus
Dhariwal Bottle Trading Company – Respondent


Advocates:
K.RAJENDRA CHAUDHARY, Mukul Mudgal, Y.S.Chitale

JUDGMENT

VENKATARAMIAH, J. :— At the conclusion of the hearing of the above appeal on March 10, 1986 we passed the following order in the above appeal and the connected special leave petition:

"Special leave granted. We do not agree with the view of the High Court that the loan in question should have been advanced under the Act in order to attract the provisions, of sections 3 and 4 of the Bombay Relief Undertakings (Special Provisions) Act, 1958. The judgment of the learned Single Judge and of the Division Bench of the High Court are set aside and the case is remanded to the learned single Judge to consider the submissions to be made on other points involved in this case. It is open to the Union which has filed Special Leave Petition No. 3428 of 1986 to apply to the High Court for being impleaded and the High Court on such application being made will consider it in accordance with law. The appeal and Special Leave Petition No. 3428 of 1986 are disposed of accordingly. There is no order as to costs.

Reasons follow."

2. We are quite unhappy with the order of the Bombay High Court against which this appeal is filed. The grounds urged in support of the writ petition were fallacious, the










































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