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1993 Supreme(Kar) 35

K.S.BHATT, M.M.MIRDHE
MYSORE ELECTRO CHEMICAL WORKS LIMITED (NOW UB-MEC BATTERIES LIMITED) – Appellant
Versus
G. K. PARMASHIV – Respondent


Advocates:
A.G.HOLLA, M.S.PURSHOTAM RAO, R.J.BABU

SHIVASHANKAR BHAT, J.

( 1 ) IN all these appeals, the appellant-company has questioned the order of the learned company Judge directing the appellant to pay interest at 6 per cent per annum on the amount due by the appellant to its creditors, from the respective dates of the applications filed in the company court.

( 2 ) THERE was a winding up proceedings against the appellant-company. Ascheme was formulated in the said proceedings. The said scheme was sanctioned by this court on 13th April, 1973. Under the terms of this scheme, unsecured creditors were to be paid as follows:"the scheme envisages two alternatives in so far as the unsecured creditors are concerned. They are to be found in Annexure 'd' of the Scheme. As unsecured creditor is given option to accept 50% of the amount due from the company within three months of the date of commencement of the production in full and final settlement of their dues or to accept payment of the full amount due and payable from the company without interest in four equal instalments of 25% each payable as under: (i) 25% payable within three months of the commencement of production; (ii) 25% payable within 12 months after the first instalment;











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