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2005 Supreme(Jhk) 123

M.Y.EQBAL
KARMACHARI KUMARDHUBL CONGRESS union – Appellant
Versus
STATE OF JHARKHAND – Respondent


Advocates Appeared:
A.ALLAM, H.K.MEHTA, H.S.Verma, M.M.PAL, M.PALIT

Judgment :

( 1 ) PETITIONER, namely, karmachari Kumardhubi Congress Union representing the workmen of Kumardhubi metal Casting Engineering Ltd. , has filed this writ petition for quashing the order dated 13-1-2004 passed by the Recovery Officer, debts Recovery Tribunal, Ranchi in R. P. No. 33/2002 whereby one officer of the Bank has been appointed as Receiver to execute the warrant of attachment and as a custodian of moveable properties and also for quashing the order dated 17-11-2004 passed by the Recovery Officer directing auction sale of the moveable assets of the company.

( 2 ) FACTS which are relevant for the purpose of deciding this writ petition are that a company petition for winding up of respondent No. 4, M/s Kumardhubi Metal Casting ltd. (in short the Company) being Company petition No. 2/96 was filed and in terms of order dated 17-8-1999 official liquidator was appointed for taking possession of all the assets of the Company. Petitioner filed a public Interest Litigation being W. P. (PIL) No. 2170 of 2003 for revival of the Company and for payment of legal dues to the employees. The said writ petition was dismissed with the observation to move the Company Court. Petitio










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