( 1 ) THIS is an application of the Official Liquidator moved on behalf of M/s. Hindustan Thermo Prints Ltd. (for short "the company") seeking recall of the order dated March 20, 1990 passed by Mahesh Chandra, J. in C. A. No. 7567 of 1989 whereby leave was granted to the first respondent to file a suit under Rules 6 and 9 of the Companies (Court) Rules, 1959.

( 2 ) THE applicant hindustan Thermo Prints Ltd. is a company in liquidation in respect of which winding up order was passed on February 24, 1986 in Company Petition No. 62 of 1983 filed by Thomas Cook India Ltd. , an unsecured creditor of the company .

( 3 ) THE first respondent is a company incorporated under the laws of England and has its registered office at Bristol, England. This respondent supplied plant and machinery to the company .

( 4 ) THE second respondent M/s. Polar Chem-Coats is the auction purchaser of the assets of the company . The third respondent is Grindlays Bank which gave a loan to the tune of Rs. 2,01,15,000. 00 to the company , like other financial institutions, namely, Bank of America, National Trust and Saving Association, the Pradeshiya Industrial Investment Corporation of Uttar Pradesh (PIC Up

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