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2005 Supreme(Guj) 755

JAYANT PATEL
STAR CHEMICALS (BOMBAY) LTD. – Appellant
Versus
VITTA MAZDA LTD. – Respondent


Advocates Appeared: DARSHANA S.PANDIT, R.M.DESAI

( 1 ) SINCE in all the applications the common question arises for consideration, they are being considered by this common order.

( 2 ) COMPANY Application No. 157 of 1999 is for validating 9 sale transactions entered into between the Company for the aggregate value of Rs. 3,95,000/- against the decretal amount of Rs. 17,20,000/- and such validation is prayed under Section 536 (2) of the Companies Act, 1956 (hereinafter referred to as "the Act" ). The applicant has also prayed for directing the Official liquidator not to interfere with the possession of the property by the applicant. As per the applicant, the applicant had to recover the amount and the suit was filed being Summary Suit No. 1698 of 1993 before the High Court of bombay and in the said Suit a consent decree was passed on 27. 6. 1993. Based on the said consent decree, the applicant preferred execution proceedings before the High Court of Bombay and it is the case of the applicant that in the said execution proceedings as per the precept, the 9 plots in question being Survey no. 78 were attached by the Court and thereafter pending the said proceedings the company M/s. Vitta Mazda Limited (hereinafter referred to as "the




























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