REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO……………/2011

(ARISING OUT OF SLP(C) NO. 11162 of 2008)

Custodian of Textiles Undertaking, Bombay

…..Appellant

Versus

Hall & Anderson Ltd. & Ors.

…..Respondents

J U D G M E N T

Dr. B.S. CHAUHAN, J.

1.

Leave granted.

2.

This appeal has been preferred against the judgment and order

dated 14.12.2007 in FMA No.761/05 and CAN No.7885/07 passed by

the High Court of Calcutta affirming the judgment and order of the

Learned Single Judge dated 6.1.2005 in CR No. 10289(W)/83 by

which the Learned Single Judge has held that the appellant cannot

take the management or possession of the suit premises, No.31,

Chowringhee Road, Calcutta, in view of the provisions of the Textile

1

Undertakings (Taking Over of Management) Act, 1983, (hereinafter

called the `Act 1983’).

3.

Facts and circumstances giving rise to this case are that Hall &

Anderson Ltd. (hereinafter called ‘Hall’), incorporated under the

Indian Companies Act, 1913, came into existence on 8.11.1946 and

started primarily a departmental store business on the premises at

No.31, Ch