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2000 Supreme(Del) 555

DEVENDER GUPTA, K.S.GUPTA
DUNCAN INTERNATIONAL INDIA LIMITED – Appellant
Versus
APPELLATE AUTHORITY FOR INDUSTRIAL AND FINANCIAL RECONSTRUCTION – Respondent


Advocates Appeared:
A.M.SANGHVI, Himanshu Shekhar, KAPIL SIBAL, Manmohan, NILOY PYNE, P.C.SEN, P.CHIDAMBARAM, Rajesh Agarwal, RAJIV NAYAR

Devinder Gupta

( 1 ) IN this petition filed under Article 226 of the Constitution of India, challenge has been made by the petitioner company to that part of the order passed by Board for In- dustrial and Financial Reconstruction (BIFR) on 28. 2. 1997 in Case No. 117/87 in Re: M/s Anglo India Jute Mills Company Limited (AIJM) in the proceedings held on 6. 2. 1997; by which the petitioner was directed to pay rental @ Rs. 10,000. 00 per month for Flat No. 34. Woodland Estate, Alipore, Calcutta, without adjusting the amount against any dues claimed by it from Anglo India Jute Mills Company Limited, further directing that rental payable shall be increased to Rs. 27,000. 00 per month w. e. f. 1. 4. 1997 and within a period of six months, the petitioner shall make necessary arrangement to vacate the flat in favour of Anglo India Jute Mills and against the order passed on 15. 4. 1998 by the Appellate Authority lor Industrial and Financial Reconstruction (AAIFR) dismissing its appeal.

( 2 ) RELEVANT facts, in brief, are that the Anglo India Jute Mills Company Limited (Respondent No. 7 herein) of which J. P. Goenka and A. Goenka (Respondent Nos. 8 and 9 respectively) are the erstwhile promot






















































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