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2007 Supreme(Bom) 936

ANOOP V.MOHTA
Writers Food Products Pvt. Ltd. – Appellant
Versus
. – Respondent


Advocates appeared
Mr. Gaurav Joshi a/w Mr. Madhur Rai i/by M/s.
Negandhi Shah and Himayatullah for the applicants.

ORAL JUDGMENT:-

1. In the present company application, the applicant has challenged and prayed to recall the order passed on 10/06/2004 by this Court in BIFR Case No. 12 of 1991 based upon the order passed by the BIFR dated 12/11/2003; opined that the sick industrial company M/s. Dr. Writer’s Food Products Pvt. Ltd. (for short "DWFPL) is not likely to make its net worth exceed its accumulated losses within a reasonable time while meeting all its financial obligations and; that the company is not likely to become viable in future and; it is just equitable and in public interest and it should be wound up Under Section 20, Sub clause 1 of the Sick Industrial Companies (Special Provisions) Act-1985 (SICA). Accordingly, the opinion was forwarded to the High Court for necessary action according to law.

2. By the order dated 10th June, 2004, the Court has passed the following order:-

". There is a communication from the Registrar, B.I.F.R. along with the records and proceedings, conveying opinion of the Board that M/s. Dr.Writer Food Products Limited should be would up along with the order passed therein. As such the same is treated as petition for winding up. 2. Admit. 3. Issue notice to









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