Dismissed

Khandesh Spinning and Weaving Mills Co.Ltd. v. Index Tissues Pvt. Ltd.

Bombay HC4 Feb 2005CA/308/2003

Case brief

AI extract

What is this about?

The Court directed the Official Liquidator to re-examine specific claims for dues and hearing the applicant. Liberty was granted to pursue alternative proceedings for other prayer clauses under the Industrial Disputes Act. The application was dismissed as withdrawn subject to said liberty.

What did the court decide?

Directed re-examination of specific claims. Liberty granted to adopt proceedings under Industrial Disputes Act for other claims. Application dismissed as withdrawn.

Khandesh Spinning and Weaving Mills Co.Ltd. Vs Index… — Company and Corporate | Bombay HC (2005)

¶1

¶2

 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 ORDINARY ORIGINAL CIVIL JURISDICTION

¶3

 COMPANY APPLICATION NO. 308 OF 2003
 IN

¶4

 COMPANY PETITION NO. 59 OF 1984

¶5

 In the matter of Companies Act,
 1956.

¶6

 Index Tissues Pvt. Ltd., .. Petitioner.

¶7

And

¶8

 Rashtriya Girni Kamgar Sangh

¶9

 And The Khandesh Mills Workers

¶10

 And Industrial Society Ltd., .. Applicants.

¶11

vs.

¶12

 Official Liquidator,
 High Court, Bombay. .. Respondent.

¶13

 Mr. Ajay Panicker for applicant in support.
 Mr. P.G. Rao, Dy. Official Liquidator

¶14

 present.

¶15

 Ms. Gauri Godse for workers.

¶16

 Mr. L.M. Acharya for Raj Mudra Real

¶17

 Estate Pvt. Ltd.,

¶18

 ..
 CORAM : S.U. KAMDAR, J.
 DATE : 4th February, 2005.

¶19

¶20

 P.C.

¶21

 1. The learned counsel for the applicant
 submits that in so far prayers (a), (b) and (e) are
 concerned, the Official Liquidator should be
 directed to look into it. The Official Liquidator
 is accordingly directed to re-examine the claim and
 ascertain whether it is due and payable in
 accordance with law and pass a speaking order after
 hearing the applicant as well as Raj Mudra
 Real

¶22

 Estate Pvt. Ltd. Pvt. Ltd. In so far as prayer
 clauses (c), (f), (h), (i) and (k) are concerned,
 the applicant does not press the same and seeks
 leave to adopt appropriate legal proceedings in
 accordance with the provisions of the Industrial
 Disputes Act or any other provisions which are
 applicable for adjudication thereof. Liberty is
 accordingly granted to adopt appropriate proceedings
 to agitate the issues covered by the aforesaid
 prayers. In an event if any orders are obtained by
 the applicants from the court of competent
 jurisdiction and filed with the Liquidator, then the
 Liquidator is directed to take the same into
 consideration while passing the final order in that
 regard. Application dismissed as withdrawn with the
 aforesaid liberty.

Khandesh Spinning and Weaving Mills Co.Ltd. v. Index Tissues Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

Khandesh Spinning and Weaving Mills Co.Ltd. v. Index Tissues Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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