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1993 Supreme(Cal) 142

SACHI KANTA HAZARI
New Era Fabrics Limited – Appellant
Versus
Board for Industrial Financial Reconstruction – Respondent


Advocates appeared:
Mr. P.K. Mullick, P.K. Ray & Jayanta Mitra for the Petitioners.
Mr. Somnath Chatterjee, Shibdas Banerjee, Pratap Chatterjee & Ashok Banerjee for the Workers.
Mr. P.C. Sen & Debal Banerjee for the State Bank of Bikaner & Jaipur.
Mr. A.K. Dhandhanja for the Financial Institution.
Dr. T.K. Banerjee, Bimal Chatterjee, S.N. Dutta, S.K. Rudra & D.K. Singh for the Respondent.
Mr. Asim Banerjee for the Dubar Mills.
Mr. Maharaj Sinha for the C.E.S.C.

JUDGMENT

1. This writ application has been filed by New Era Fabrics Limited Shri Ram Jute Products Limited Narmada Laminators Pvt. Ltd. and Anand Kumar Agarwalla, petitioner nos. 1 to 4 herein respectively, inter alia, praying for an order that section 20 of the Sick Industrial Companies (Special Provisions) Act, 1985 be declared ultra vires the Constitution of India and null and void and also for other relief's.

2. The petitioner no.1 is a public limited company having an authorised capital of Rs. 2 crores. The petitioner no.2 is also a public company limited by shares having an authorised capital of Rs. 95 lakhs and providing employment of 300 workers directly. The petitioner no.2 carries on were housing business and the said warehouse is situate at 43/1, Garden Reach Road, Calcutta and the annual income from the said warehousing business for the year ended on 31.3.1992 was 79 lakhs.

3. It is the petitioners case that, he Dunbar Mills limited the respondent no.11, has a composite textile mill located a Shamnagar, District 24-Pargans (North), having a licensed capacity for 68084 spindles and 978 looms and the present installed capacity is 66800 spindles and 978 looms with processing



























































































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