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2002 Supreme(All) 277

SUNIL AMBWANI
U. P. CEMENT CORPORATION LTD. – Appellant
Versus
STATE OF ALLAHABAD – Respondent


Advocates Appeared:
Ashok Mehta, C.B.Gupta, KRISHNA MURARI, KUSH SAXENA, L.K.TIWARI, P.N.TRIPATHI, R.P.Agarwalla, R.P.GOEL, RAKESH TEWARI, S.D.N.Singh, S.N.Singh, SAUMITRA SINGH, V.K.S.Chaudhary, VIKRAM NATH

SUNH AMBWANI, J.

( 1 ) U. P. State Cement Corporation Ltd. (UPSCCL) was declared as a Sick Industrial Company by board for Industrial and Financial Reconstruction (BIFR) on 7-10-1992, and IDBI was appointed as the Operating Agency. Cemtech India was appointed by UPSCCL to prepare a techno - viability report which was submitted in July, 1994. As on 31-3-1994, the accumulated losses of UPSCCL were Rs. 319. 81 crores as against the share capital and reserves of Rs. 68. 29 crores. Company did not submit any rehabilitation proposal or comments on the report submitted by Cemtech and thus BIFR directed the company to submit an alternative revival plan to the operating Agency. The workers were also directed to submit rehabilitation proposal with the help of Tata Consultants within two months indicating the means of finance. No proposal was received by the Board within the time indicated. By the same order of the BIFR dated 28-12-1993, the State Bank of India, Allahabad Bank and IDBI were directed under Section 21 of the Sick Industrial Companies (Special Provisions) Act 1985, to prepare a complete inventory of all assets and liabilities and lists of registers/records/documents of sharehold










































































































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