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1989 Supreme(Kar) 225

M.P.CHANDRAKANTARAJ
K. S. V. SHANMUGAM – Appellant
Versus
MAHARASTRA STATE CO-OP. COTTON GROWERS MARKETING FEDERATION LTD – Respondent


Advocates:
K.S.RAMDAS, S.VIJAYASHANKAR, UDAYA HOLLA

M. P. CHANDRAKANTHARAJ, J.

( 1 ) PRAYER in this application is an order to stop further proceedings pursuant to the winding up order made by this Court on 3-6-1988 in view of Section 22 of the Sick Industries (Special Provisions) Act, 1985 (hereinafter referred to as 'the Act' ).

( 2 ) THE undisputed facts are these:- company Petition No. 6/1988 was filed by a creditor seeking an order of winding up of m/s. Vishnu Textiles Ltd. , Bangalore. That petition came to be allowed on 3-6-1988 and the Official Liquidator attached to this Court was appointed the Liquidator. That order has become final in so far as the provisions of the Companies Act are concerned in that no appeal against the winding up order was filed nor any person aggrieved by that order.

( 3 ) IN the affidavit in support of the prayer in the Company Application under consideration it is stated that the former managing Director of the applicant company has proposed a scheme of rehabilitation to the board constituted under the Sick Industries (Special Provisions) Act, 1985 and therefore has directed an inquiry and therefore in accordance with the provisions contained in sub-section 1 of section 22 of the Act, further proce






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