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1988 Supreme(SC) 321

G.L.OZA, SABYASACHI MUKHARJEE
Anil Kumar Neotia – Appellant
Versus
Union Of India – Respondent


Advocates:
A.SUBBA RAO, A.Subhashini, Anil B.Divan, ANIL SHARMA, ATUL TIVARI, Badri Nath Babu, BINA GUPTA, HARISH N.SLAVE, K.J.JOHN, K.PARASARAN ATTORNEY, M.K.BANERJI, NAINA KAPUR, NARESH SHARMA, P.P.MALHOTRA, P.V.KAPUR, S.SWAROOP, SATISH CHANDRA AGRAWAL, SOLI J.SORABJI, T.V.S.N.Chari, V.GROVER, VASANT B.MEHTA, Y.S.Chitale

Judgment

SABYASACHI MUKHARJI, J. :- By the order passed by us on 29th March, 1988, we had dismissed this petition under Art. 32 of the Constitution. We had, further, observed that we will indicate our reasons by a separate judgment. We do so herein.

2. This petition under Art. 32 of the Constitution challenges the constitutional validity of the Swadeshi Cotton Mills Limited (Acquisition and Transfer of Undertakings) Act, 1986 (hereinafter called the Act). It appears that there was an order made by the Central Government under S. 18AA(1)(a), Industries (Development and Regulation) Act, 1951 (hereinafter called the IDR Act) for taking over the management of the six undertakings of Swadeshi Cotton Mills, namely, (i) Swadeshi Cotton Mills, Kanpur, (ii) Swadeshi Cotton Mills, Pondicherry, (iii) Swadeshi Cotton Mills, Naini, (iv) Swadeshi Cotton Mills, Maunath Bhanjan, (v) Udaipur Cotton Mills, Udaipur and (vi) Rae Bareli Textile Mills, Rae Bareli for a period of five years. There were several proceedings in the High Court of Delhi and in other High Courts. It is not necessary in view of the judgment of this Court in SLP (Civil) Nos. 4826 and 7045 of 1987 M/s. Doypack Systems Pvt. Ltd. v.













































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