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2008 Supreme(All) 354

SUSHIL HARKAULI, SUDHIR AGARWAL
MEEKIN TRANSMISSION LTD. , KANPUR NAGAR – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


JUDGMENT

By the Court.—Aggrieved by the notice dated 23.5.2003 (Annexure-7 to the writ petition) issued by the Assistant Collector (Collection) Trade Tax, Kanpur to the petitioner No. 2, the present writ petition has been filed by the petitioners seeking a writ of certiorari for quashing the said notice. Further a writ of mandamus has been sought directing the respondents not to realise any amount of trade tax from the petitioners till finalization of winding up proceedings pending before the respondents authorities.

2. The petitioner No. 1, M/s. Meekin Transmission Ltd. (hereinafter referred to as the “Company”) is a company registered under the Indian Companies Act, 1956 (in short the “Act”) and engaged in the business of manufacturing of Automotive Gears. Initially it was incorporated as a Private Limited Company on 31.3.1983 and was converted in a Public Limited Company subsequently. In 1991 it became a sick unit and made a reference under Section 15(1) of the Sick Industrial Companies (Special Provisions) Act, 1985 (hereinafter referred to as the “1985 Act”) to the Board for Industrial and Financial Reconstruction (hereinafter referred to as “BIFR”) which was registered as Case





































































































































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