A. BANERJI, SATISH CHANDRA
Kilachand Devi Chand – Appellant
Versus
Union of India – Respondent
JUDGMENT
Satish Chandra, J. - In May 1967 Kilachand Devi Chand and Company Private Limited, the appellant, before us, filed a petition for the winding up of the New Victoria Mills Company Limited, Kanpur on the ground that the respondent company was indebted to the petitioning creditor to the tune of Rs. 2,15,948.24 and had failed to pay the same. During the pendency of the winding up petition the Central Government issued a notified order under Section 18-A of the Industries (Development and Regulation) Act, 1951 on 1st September, 1969. When the winding up petition came up for hearing before the learned Company Judge on 6th January, 1970 he held that in view of the issuance of the notified order by the Central Government and having regard to the provisions of Section 18-E(1) (c) of the Act, the winding up petition could not continue. He accordingly dismissed the petition. Aggrieved, She petitioning creditor has come up in appeal.
2. Chapter III-A was added to the Industries (Development and Regulation) Act, 1951 by Amending Act No. 26 of 1963. It consists of Secs. 18-A to 18-F. This Chapter is headed as `Direct management or control of industrial undertakings by Central Government
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