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2008 Supreme(Guj) 316

D.A.MEHTA, BANKIM N.MEHTA
STATE BANK OF INDIA – Appellant
Versus
OFFICIAL LIQUIDATOR OF COMMERCIAL AHMEDABAD MILLS CO. – Respondent


ADVOCATES APPEARED:
R. M. Desai, for the Appellant.
Notice Served by D. S. for Opponent Nos. 1, 2 and 6.
Bharat Jani, for Opponent Nos. 3 and 5.
Notice Not RECD. Back for Opponent Nos. 4 to 8.
Sunit Shah, Government Pleader, for Opponent No.7.

JUDGMENT

D. A. MEHTA, J. All the appeals have been taken up for hearing and disposal together as admittedly they arise out of common order made by the Company Court in Official Liquidator Report No. 12 of 2006 with Company Application No. 575 of 2006 decided on 28th March, 2008. As the parties have referred to the documents from papers of 0.1. Appeal No. 142 of 2008, the said appeal has been treated as the lead matter and the brief facts necessary for the present, have been taken from the said appeal. The appellant of O.J. Appeal No. 142 of 2008 is State Bank of India, a secured creditor of the Company (in liquidation), Commercial Ahmedabad Mills Company Ltd. The appellant of O.J. Appeal No. 113 of 2008 is the Textile Labour Association, while O.J. Appeal No. 137 of 2008 has been filed by the Official Liquidator.

2. The Company (in liquidation) was ordered to be wound-up on 11-10-1989 vide order made in Company Petition No. 117 of 1989. It appears that prior thereto on 31st August, 1976 the land owner, namely, the Mills Company filed Form No. I under Sec. 6(1) of Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as 'U.L.C. Act') in relation to the land bearing Su































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