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1986 Supreme(SC) 355

M.M.DUTT, O.CHHINNAPPA REDDY
Panipat Woollen And General Mills Company LTD. – Appellant
Versus
Union Of India – Respondent


Advocates:
A.K.GOHIL, A.Subhashini, B.DUTTA, D.N.Mishra, DALVIR BHANDARI, GURU RAJ RAO, H.S.Anand, M.R.SHARMA, N.M.GHATATE, Parihar, R.K.JAIN, T.V.S.N.Chari

JUDGMENT

DUTT, J. :— In this writ petition the petitioner, Panipat Woollen & General Mills Co. Ltd., hereinafter referred to as the Company, has challenged the taking over of the management of its two textile mills under the Sick Textile, Undertakings (Taking Over of Management) Act, 1972 (for short Takeover Act) and also the constitutional validity of the Take-over Act and the Sick Textile Undertakings (Nationalisation) Act, 1974 (for short the Nationalisation Act).

2. It appears that the Company had fallen on evil days resulting in initiation of liquidation proceedings against the Company and the appointment of a provisional liquidator. The mills of the Company were closed sometime in May, 1972. On the application by the Industrial Finance Corporation of India, the Punjab & Haryana High Court directed the Board of Directors of the Company to hand over possession of the two mills to the Corporation to which the Company was indebted for a huge sum of money., The Corporation was also directed by the High Court to lease out the mills, and it appears that Padmashree Textile Industries Ltd. was granted the lease of the mills, that is to say, the textile undertakings of the Company.

3. At



















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