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1987 Supreme(Raj) 134

M.C.JAIN
Jaysynth Dyechem – Appellant
Versus
Mewar Textile Mills Ltd. – Respondent


Advocates:
Appearance :
M.M. Singhvi, H.M. Parekh and Kewalchand Samdaria, for the Appellant
L.R. Mehta, R. Mehta and D.S. Shishodia, Adv. & J.P. Joshi, A.D.G. for the Respondents

Judgment

M.C. Jain, J.-In these winding up petitions by the creditors, objections have been filed by the creditor-petitioners challenging the validity of the Rajasthan Relief Undertakings (Special Provisions) Act, 1961 (for short ‘the Act’) and consequently, the notification issued by the State Government under the provisions of Sections 3 and 4 of the Act. The first notification was issued on April 8, 1985 and subsequently the term was further extended by one year by the notification dt. 14-2-86. By the notification, issued under Section 4 all pending proceedings in any Court have been stayed. Reply to the objections have been filed by the non-petitioner-Company refuting the case pleaded by the creditor-petitioner. The creditor petitioners’ case is that the Act is covered under the entries 43, 44 and 95 of the List I Union List in the VII Schedule, whereas the case of the non-petitioner-company is that the Act is covered under entries 23 and 33(a) of list III of the 7th Schedule i.e. Concurrent List.

2. In order to appreciate the controversy, it would be proper to reproduce the relevant entries, reference of which has been made by the learned Counsel for the parties. Entries 43, 4




































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