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2009 Supreme(Mad) 3791

M.CHOCKALINGAM, R.SUBBIAH
Tungabadra Sugar Works Mazdoor Sangh Represented by its President & Another – Appellant
Versus
Subhash Kathuria Sole Proprietor Anitha International Industrial Area New Delhi & Others – Respondent


Advocates Appeared:
For the Appellants:V. Prakash Senior Counsel, for M/s. Ramapriya, Karthik Seshadri, Sathish Parasaran, Advocates. For the Respondents:T.K. Seshadri, Senior Counsel, P.B. Ramanujam Advocate, R2, AR.L. Sundaresan, Senior Counsel, K. Latha Parimala Vardhana Addl. O.L. for O.L. R. Ravichandran, Advocate.

Judgment :-

(M. Chockalingam, J.)

All these appeals challenge a common order of the learned Single Judge of this Court made in C.A.Nos.1811 of 2005, 854 of 2006 and 2740 to 2742 of 2007 in C.P.Nos.170 of 1995.

2. All the above appeals have been filed under the following facts and circumstances:

(a) One M/s. Dev Sugars Limited was ordered to be wound up in C.P.No.170 of 1995 and C.P.No.35 of 1997 by an order dated 19. 1999. An Official Liquidator was appointed who took possession of the assets of the company on 29. 1999. State Bank of Mysore who extended financial assistance to the said company, in order to secure the outstanding dues, filed O.A.No.440 of 1997 before the Debt Recovery Tribunal (DRT), Bangalore, for recovery of a sum of Rs.22,31,78,5555. After the decree was made in the said O.A., the Recovery Officer issued an official notice for the sale of the properties in various newspapers fixing the date of auction as 18. 2005. Since the said company was ordered to be wound up, the Official Liquidator of the company raised his objections before the Tribunal at Bangalore. The auction was directed to be held by the Debt Recovery Tribunal. The applicant in C.A.No.1811/2005 a thi













































































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