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1988 Supreme(MP) 38

C.P.SEN, P.C.PATHAK
PILANI INVESTMENT AND INDUSTRIES CORPORATION LTD. – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
A.P.TARE, B.K.RAVAT, P.L.DUBEY, R.K.THAKUR, V.S.PANDIT

C. P. SEN, J.

( 1 ) BY this Order, M. P. No. 95 of 1981 The Bombay Hospital Trust and others v. The Union of India and another is also disposed of as common questions are involved and similar reliefs claimed. In both these petitions the petitioners are seeking a declaration that provisions of Hind Cycles Limited and Sen-Raleigh Limited (Nationalisation) Act, 1980 (hereinafter referred to as Act No. 70 of 1980) are ultra vires of the Constitution and are also seeking a writ in the nature of Mandamus directing the respondents to forthwith clear off the dues of the petitioners.

( 2 ) PETITIONER M/s. Pilani Investment and Industries Corporation Limited is an investment holding company carrying on business of investment and financing monies for business and commercial purposes. Respondent 2 M/s. Hind Cycles Limited is a company which has its factories at Worli, Bombay and another at Ghaziabad in Uttar Pradesh. The respondent 2 is carrying on business of manufacturing of bicycles, auto-engines and bicycle parts. The said industry is a scheduled industry under Industries (Development and Regulation) Act, 1951, hereinafter referred to as Act No. 65 of 1951 ). The petitioner company advance











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