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1986 Supreme(SC) 304

M.M.DUTT, O.CHHINNAPPA REDDY
Minerva Mills LTD. – Appellant
Versus
Union Of India – Respondent


Advocates:
A.K.VERMA, B.DUTTA, J.PERES, R.F.NARIMAN, S.I.THAKORE, SUNITA MUDIGOUDA, T.V.S.N.Chari, V.GROVER, VASIM A.QADRI

JUDGMENT

DUTT, J.:—In these Writ Petitions under Art. 32 of the Constitution the petitioners, including the petitioner Minerva Mills Ltd. and some of its creditors, have challenged the legality of the order dated October 19, 1971 passed under S. 18A of the Industries (Development and Regulation) Act, 1951 (for short IDR Act) taking over the management of the textile undertaking of the petitioner, Minerva Mills Ltd., and the constitutional validity of the Sick Textile Undertakings, (Nationalisation) Act, 1974 (for short Nationalisation Act).

2. On August 20, 1970, the Central Government appointed a Committee under S. 15 of the IDR Act to make a full and complete investigation of the affairs of the Minerva Mills Ltd., hereinafter referred to, as the Company. After the investigation was made the Central Government by an, order dated Oct. 19, 1971, authorised the National Textile Corporation to take over the management of the undertaking of the Company. The petitioners did not challenge the order to take over the management before any Court of law. During the pendency of the management of the undertaking by the National Textile Corporation, the Sick Textile Undertakings Ordinance of 197
































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