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2003 Supreme(Cal) 325

A.K.MATHUR, ASHIM KUMAR BANERJEE
BHARAT BHARI UDYOG NIGAM LTD. – Appellant
Versus
JESSOP AND CO. LTD. STAFF ASSOCIATION – Respondent


Advocates Appeared:
A.Malhotra, AMIT AGRAWAL, ANINDYA MITRA, ANIRBAN KAR, ANNA MALHOTRA, DEVJYOTI BHATTACHARYA, JISHNU CHOWDHARY, M.K.GOSWAMI, NILAY SENGUPTA, P, POMPEY BOSE, R.KAPOOR, RUDRARAMAN BHATTACHARJI, S.BHATTACHARJEE, S.K.BANERJEE, S.K.KAPOOR, S.PAL, SAMIT TALUKDAR, SAPTANGSU BASU, SOUMHK MUKHARJI, SUBROTO TALUKDAR, SUSMITA MUKHERJI, UDAYAN SEN, UTPAL BOSE

ASHOK KUMAR MATHUR, C. J.

( 1 ) ALL the above appeals arise against the order passed by a learned Single Judge dated 25 March, 2003. Therefore, they are disposed of by a common order. By the said order, the learned Single Judge has set aside the disinvestment of Jessop and Co. Ltd.

( 2 ) THE appeal being FMA No. 433 of 2003 has been filed by Bharat Bhari Udyog Nigam Ltd. ; FMA No. 434 of 2003 by Ruia Cotex Ltd. ; FMA No. 435 of 2003 by Jessop and Co. Ltd. Staff Association and FMA No. 436 of 2003 Union of India.

( 3 ) THE basic question involved in all these four appeals is whether disinvestment of 72% equity shares of Government of India in Jessop and Co. Ltd. , in favour of Ruia Cotex Limited is justified or not.

( 4 ) FOR convenient disposal of all these appeals, it may be relevant to give a resume of the facts giving rise to these appeals.

( 5 ) INITIALLY, a writ petition was filed by Jessop and Co. Ltd. Staff Association represented by its Secretary, Aloke Kumar Brahmachari. By this writ petition, the petitioner prayed for a writ of mandamus directing respondent Nos. . 3 and 4 by restraining them from recommending, finalising and/or approving of any disinvestment of Gover





















































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