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2005 Supreme(Kar) 637

N.K.SODHI, S.ABDUL NAZEER
MYSORE SALES INTERNATIONAL LIMITED, BANGALORE – Appellant
Versus
UNITED BREWERIES LIMITED, BANGALORE – Respondent


Advocates:
A.JAGANNATHA SHETTY, D.S.RAMACHANDRA REDDY, DN.NANJUNCLA REDDY, G.V.SHANTHARAJU, Javaji Srinivasulu, Madhusudhan R.Naik, N.DEVDAS, P.S.DINESH KUMAR, R.NAGENDRA NAIDU, S.V.SUBRAMANIAM, UDAYA HOLLA, Veeresh B.Patil

N. K. SODHI, C. J. ,, J.

( 1 ) THIS order will dispose of a bunch of 34 Company appeals filed by mysore Sales International Limited - a Government Company (for short, 'msil'), under Section 483 of the Companies Act, 1956 (hereinafter called as the 'act'), read with Section 4 of the Karnataka high Court Act, 1961 challenging the common order passed by the learned Single Judge dismissing the Company petitions filed by it seeking winding up of the respondent-companies on the ground that they are unable to pay their debts. Since identical questions of law and fact arise in all the appeals, these are being disposed of by a common order. For the sake of convenience the facts are being taken from OSA no. 18 of 2002 which arises out of Company Petition No. 32 of 1999 filed under Section 433 (e) read with Section 434 of the Act for the winding up of United Breweries Limited (hereinafter referred to as the 'company' ). Learned Counsels for the parties are agreed that the decision in this case will govern the other cases as well.

( 2 ) BEFORE we deal with the claim of MSIL, it is necessary to refer to the background in which it is made. The State of Karnataka noticed that tax evaded liquors ca




















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