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1999 Supreme(Bom) 434

UPASANI PRATIBHA
Bank of Maharashtra – Appellant
Versus
Kokan Chemicals Pvt. Ltd. and others – Respondent


JUDGMENT - Dr. PARATIBHA UPASANI, J.:---This Chamber Summons is taken out by the applicants, namely, the State of Maharashtra, praying inter alia that the applicants be given priority over all other creditors of Konkan Chemicals Pvt. Ltd., a private limited Company which is arraigned as defendant No. 1 in the suit filed by the Bank of Maharashtra against defendant No. 1 and other defendants, and necessary direction in this regard be given to the Court Receiver, High Court. In the alternative, it is prayed that this Court be pleased to permit the applicants to lodge a claim with the Receiver in respect of the arrears of sales tax dues and the Receiver be directed by the Court to decide and consider the claim and the priority of the applicants over the claims of the plaintiff. It is also prayed that the Court Receiver appointed by this Court on 18th March, 1992 and 18th June, 1992 be directed to sell the property in his possession belonging to the 1st defendant viz., Konkan Chemicals Pvt. Ltd. with notice of the said auction sale to the applicants herein.

2. This suit is filed by the plaintiff Bank against the defendants for declaration that the defendants are jointly and severally li













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