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2010 Supreme(Guj) 56

BHAGWATI PRASAD, BANKIM N.MEHTA
MAFATLAL DENIM – Appellant
Versus
SICOM LTD. – Respondent


Advocates Appeared:
Mihir Thakore, Senior Advocate assisted by A. S. Vakil, for the Appellant.
S. N. Soparkar, Senior Advocate assisted by Sanjay A. Mehta, for Respondent No.1.
Mihir Joshi, Senior Advocate, assisted by Sandip Singhi for M/s. Singhi & Co., for Respondent Nos. 2 and 3.
A. L. Shah, with Sanjay A. Mehta, for the Appellant.
Mihir Thakore, Senior Advocate, assisted by A. S. Vakil, for Respondent No.1.
Mihir Joshi, Senior Advocate, assisted by Sandip Singhi for M/s. Singhi & Co., for Respondent Nos. 2 and 3.

Judgment

BHAGWATI PRASAD, J. These two appeals which are being decided by this common judgment, are filed against the decision in Company Application No. 1 of 2009 in Company Application No. 648 of 2008 rendered by learned Company Judge by oral judgment dated 7-8-2009, 26-8-2009, 28-8-2009 & 31-8-2009. One appeal i.e. Appeal No. 67 of 2009 has been filed by Mafatlal Denim Limited hich was the applicant before the Company Judge and another Appeal i.e. Appeal No. 109 of 2009 has been filed by SICOM Limited which was original respondent No. 1 before .learned Company Judge. The question which was raised before learned Single Judge was where there is an action under the State Financial Corporation Act, 1951 (hereinafter referred to as "S.F.C. Act") and under Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (hereinafter referred to as "R.D.B. Act"), can the Company Court exercise powers under Sec. 391(6) of the Companies Act, 1956 (hereinafter referred to "Act of 1956") pending application under Sec. 391 of the Act of 1956 and stay the proceedings initiated under R. D. B. Act and S. F. C. Act pending before the respective judicial forums?

2. The applicant before learned

















































































































































































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