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1999 Supreme(Bom) 260

F.I.REBELLO
I. C. I. C. I. Ltd. . – Appellant
Versus
Alpine Industries Ltd. and others – Respondent


JUDGMENT - F.I. REBELLO, J.:---The plaintiffs have moved this Court for a Judge's Order. It is the contention of the plaintiffs that this Court by order dated 11th December, 1998 at the ad-interim stage granted the following prayer:-

"That pending the hearing and final disposal of the suit, Court Receiver, High Court , Bombay, be appointed Receiver of all the immoveable properties of Defendant No. 1 including properties situate at Pithampur, District Dhar in the State of Madhya Pradesh and more particularly described in Exhibit 'A' to the plaint, the movable properties described in Exhibit 'B' to the plaint, with all powers under Order XL, Rule 1 of the Civil Procedure Code, 1908."

Pursuant to the said order, the Court Receiver, High Court, Bombay, by letter dated 22nd February, 1999 fixed 9th March, 1999 as the date for taking possession of the suit securities. The Advocate for the plaintiffs received a letter dated 22nd February, 1999 wherein they were informed that the proceedings have been registered before B.I.F.R. under the provisions of the Sick Industrial Companies (Special Provisions) Act, 1985. The defendants have received the communication dated 12th March, 1999 intimating









































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