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2008 Supreme(Guj) 486

K.A.PUJ
B. I. F. R – Appellant
Versus
CMD, APS Star Industries Ltd. – Respondent


Advocate Appeared:
For the Petitioner:A.K. Clerk, Y.F. Mehta and Pavant S. Godiawala, Advocates.
For the Respondent:Janak R. Shah, R.D. Dave, A.S. Vakil, Bharat Jani, Shubramaniam Iyar, Raju K. Kothari, Rajesh P. Mankeda and Ms. Amee Yajni, Advocates.

JUDGMENT :

K.A. PUJ, J.

1. Since all these petitions as well as Company Applications are in respect of the same Company, namely, APS Star Industries Ltd., they are heard together and are disposed of by this common judgment and order.

2. Company Petition No. 190 of 2003 is registered on the basis of opinion forwarded by the Board for Industrial and Financial Reconstruction (BIFR) on 16.7.2003 to the Registrar of this Court under Section 20(1) of the Sick Industrial Companies (Special Provisions) Act, 1985 (SICA) stating that despite having allowed enough time and opportunity, it had not been possible to formulate any acceptable revival scheme for the company enabling it to make its net worth exceed the accumulated losses within a reasonable time while meeting all its financial obligations and that the Company as a result thereof was not likely to become viable in future and that it was just, equitable and in public interest that the Company should be wound up under Section 20(1) of the Act.

3. This Court has, vide its order dated 9.1.2006, after hearing all the parties, admitted this petition and appointed the Official Liquidator attached to this Court as the Provisional Liquidator of t

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