Allowed

O.L.of M/S.Machiery Mfg. Corpn.(P) Ltd. v. the India United Mills NO.1

Bombay HC4 Jul 2008CA/306/1992

Case brief

AI extract

What is this about?

An application by a National Textile Corporation for directions to pay a debt due byNational Textile Corporation to the liquidator. The court allowed the application on terms that National Textile Corporation deposit a sum of Rs.100,000 within two weeks. If default is committed, the liquidator can recover the entire sum with interest and enforce coercive measures against National Textile Corporati

What did the court decide?

Application allowed on terms that National Textile Corporation deposit Rs.100,000 within two weeks; liquidator may recover entire sum with interest and take coercive measures against default.

O.L.of M/S.Machiery Mfg. Corpn.(P) Ltd. Vs the… — Labour and Industrial Disputes | Bombay HC (2008)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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ORDINARY ORIGINAL CIVIL JURISDICTION

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COMPANY APPLICATION NO.306 OF 1992
IN
COMPANY PETITION NO.41 OF 1986

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M/s.Godfrey Philips India Ltd. .. Petitioners
And

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The OL, High Court, Bombay
Vs.

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The India United Mills No.1.

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.. Applicants

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.. Respondents

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Mr.Manoj Dalvi for respondents.
Mr.S.Ramakantha, Dy.O.L. present.
Mr.Salame H.R Labour Officer present.

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CORAM : S.C.DHARMADHIKARI, J.
DATE : 04th July 2008

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P.C.

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.This is an application by the OL of
M/s.Machinery Manufacturers Corporation Ltd,
Company in liquidation for a direction to the
respondents to pay a sum of Rs.03,09,878/- with
interest at 12%. The Company Application is
filed on 11th August, 1992.

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2.The OL in the affidavit in support has
stated that the company in liquidation supplied

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machines and machinery parts and during the
course of its business it supplied such
machineries to the respondents. As per the
available record and statement of affairs so also
ledger maintained, a sum of Rs.03,09,878.89/- is
shown as debit balance against the respondents.
Therefore, the respondents are liable to pay that
sum.

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3.The affidavit has annexed to it an
invoice which sets out the value of the goods
supplied. The value is computed at
Rs.01,00,000/-.

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4.It is contended on behalf of the

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respondents that the respondent is a textile mill
which has now been nationalised under the Sick
Textile Nationalisation Act, 1974. The
transaction is admittedly after the said period
of nationalisation. In such circumstances, the
National Textile Corporation accepts the
responsibility to pay the principal sum.

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5.After the matter was argued for some time
and considering that the Company Application is
pending since 1992, the OL has stated that if the
National Textile Corporation Ltd pays/deposits
with him a sum of Rs.01,00,000/- within a period
of two weeks from today, he will close the
account in so far as the subject recovery.
Mr.Dalvi appearing for the respondents after
taking instructions from the Labour Officer
Mr.Salame makes a statement that the sum of
Rs.01,00,000/- will be paid within period of two
weeks from today. Needless to state that if
respondents National Textile Corporation Ltd.
commits default in depositing the said sum, the
liquidator is at liberty to recover the entire
sum as claimed in the Company Application
alongwith interest and even by taking recourse to
coercive measures against the National Textile
Corporation Ltd, Company Application is made
absolute in above terms. No orders as to costs.

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(S.C.Dharmadhikari, J)

O.L.of M/S.Machiery Mfg. Corpn.(P) Ltd. v. the India United Mills NO.1

Case brief

What is this about?

What did the court decide?

O.L.of M/S.Machiery Mfg. Corpn.(P) Ltd. v. the India United Mills NO.1

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

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