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1991 Supreme(Guj) 234

M.B.SHAH
Official Liquidator, Himalaya Tools (India) Private Limited – Appellant
Versus
GUJARAT STATE FINANCIAL CORPORATION – Respondent


Advocates Appeared: B.R.SHAH, S.M.SOPARKAR

M. B. SHAH, J.

( 1 ) THIS Company application is filed by the official Liquidator, Himalaya Tools (India) Private limited (in liquidation) wherein it is prayed that respondent No. 1-Gujarat State Financial corporation be directed to hand over possession of M/s. Himalaya Tools (India) Private Limited to the applicant immediately in view of the winding up order dated 25-4-1988 passed by this court.

( 2 ) THE order for winding up M/s. Himalaya tools (India) Private Limited was passed by this court on 25-4-88 and Official Liquidattor has been appointed as a liquidator of the Company. On 4-5-88 the Official Liquidator wrote a letter informing respondent No. 1 that he would take physical possession of the property of the Company on 13-5-88. On 8-5-88 notice was published in Times of India stating that the order for winding up was passed by this Court. It is the say of respondent No. 1-Gujarat State Financial corporation that on 9/05/1988, the respondent no. 1 has taken possession of the assets of the company by exercising power under Section 29 of the State Financial Corporations Act, 1951 (hereinafter referred to as the "act" ). The Gujarat state Financial Corporation and the Bank of mah




































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