JUDGMENT :

R.D. Kothari, J.

In the present case, the scheme framed by BIFR failed to revive the sick unit and also failed to satisfy the said unit's creditors. Appellant is one of the creditor. Nice questions of applicability of scheme - on the handy plea of natural justice - and usual question of principle of statutory construction do not solve the problem. Appellant's dues are locked since so many years and respondent - auction purchaser of the said unit is inter-alia praying for electricity connection. Going through the record gives impression that hotly debated issues before the Court alleviate the problems of the parties only partly. Where lay the solution? Leaving that for the parties to search for the answer, case presented by learned advocates for the parties is considered.

2. Facts are, thus;

One Navsari Cotton and Silk Mills Ltd. (for short "NCSML") was established in 1936. It appears that HT electric connection was granted to it by respondent in 1955 then was known as GEB. In its good days, it was producing 50,000 mtrs. (yarn) per day. About 2000 workers were working in the Mill. Presumably, its working was normal till it became 'sick'. It became sick in 1989. Reference was