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1998 Supreme(Guj) 746

H.L.GOKHALE
Y. S. SPINNERS LIMITED – Appellant
Versus
O. L. OF AMBICA MILLS LIMITED – Respondent


Advocates Appeared: ASHOK SHAH, D.S.VASAVADA SHUKLA, K.S.Nanavati

H. L. GOKHALE, J.

( 1 ) COMPANY Petition No. 66 of 1988 was filed on 12th April 1988 for winding-up Shri Ambica Mills Ltd. This was one of several petitions filed for this purpose. During the pendency of that petition, Reference under Sick Industrial Companies (Special Provisions) Act 1985 was filed before the Board of Industrial and Financial Reconstruction (BIFR ). The Board forwarded its opinion to this court under Section 20 of the said Act to the effect that it was just and equitable that the company be wound up. The opinion from the said Board was registered as Company Petition No. 121 of 1995 and winding-up order came to be passed on 17. 1. 1997 on Company Petition No. 66 of 1988 with Petition No. 121 of 1995 and others. Under that order (Coram: Pandit, J.), the Official Liquidator attached to this High Court was appointed as the Liquidator for that company and the Liquidator was directed to take charge of the company together with all its assets, records, books, machineries, spare parts, stores, manufactured goods, land and buildings and all other properties after taking an inventory in that behalf. The order stated that he will have all the powers prescribed under Sections



























































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