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2001 Supreme(Bom) 990

A.P.SHAH, S.A.BOBDE
Baroda Rayon Corporation Ltd – Appellant
Versus
ICICI Ltd. (Debenture Trustees) & others – Respondent


JUDGMENT - A.P. SHAH, J.:---As these appeals give rise to common questions of law and facts and arise out of a common order passed by the learned Single Judge, they are being disposed of by this common order.

2. The Baroda Rayon Corporation Ltd., which is the appellant in all the three appeals, is a company having its mills at Surat in the State of Gujarat. The appellant is original defendant No. 1, respondent No. 1 ICICI Ltd. has filed a suit in its capacity as trustees of the debenture-holders for recovery of money for the benefit of the debenture-holders in respect of certain debentures issued by the appellant. Respondent No. 1 has also sought enforcement of the securities in the form of mortgage and hypothecation or immovable/movable properties which had been mortgaged/hypothecated in favour of respondent No. 1 as the trustees of the debenture-holders. A notice of motion was filed by respondent No. 1 in the said suit and by an order dated 14-2-2001, the Court Receiver was appointed in respect of the immovable properties of the appellant and was also given power to take physical possession of the properties and, if required, to take them forcibly. An appeal was filed from this o





























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