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1994 Supreme(Del) 197

D.K.JAIN, D.P.WADHWA
STAR INDUSTRIAL AND TEXTILE ENTERPRISES LIMITED – Appellant
Versus
BOARD FOR INDUSTRIAL AND FINANCIAL RECONSTRUCTION – Respondent


Advocates Appeared:
A.K.GHOSH, Mohd.Athar, RANJAN MUKHERJEE, S.GANESH RAO, SATISH AGGARWAL, TASLIM AHMEDI, VINAY BHASIN

D. K. Jain,j.

( 1 ) IN this petition under Article 226 of the Constitution of India, the petitioner, a Public Limited Company and its Chairman and Managing Director seek a writ of Certiorari or any other appropriate writ, order or direction calling for records of the petitioner company from the Board for Industrial and Financial Reconstruction (in short BIFR), established under Section 4 of the Sick Industrial Companies (Special Provisions) Act, 1985 (in short SICA) and after scrutiny for quashing the alleged oral directions given by the BIFR on 5 August 1993 for issuance of an advertisement for the sale of the petitioner company s undertaking and for enforcing immediate recovery of arrears of interest and other dues of an aggregated stated amount of Rs. 2. 5 crores from the petitioner company and for the enforcement of the personal guarantees given by the petitioner company s Directors/promotors. The petitioners further pray for a writ of mandamus, directing the BIFR to withdraw or rescind the said oral directions. They also seek awrit of prohibition or any other writ or order or direction, prohibiting and restraining the respondents from acting on or implementing or taking any ac













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