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2005 (9) TMI 306 - SC - Indian LawsSick industrial company - Whether the impugned order is contrary to the statutory provisions contained in sub-section (4) of section 20? Held that:- Appeal allowed. BIFR had permitted only the Company to approach the High Court in case any occasion arises therefor. BIFR did not permit any other person to do so. The Company did not file such an application. It opposed the prayer of the First respondent. The Company, as noticed hereinbefore, had preferred an appeal before the Division Bench of the High Court questioning the correctness of the order passed by the learned Company Judge. The Company has since been directed to be wound up and is now being represented by the Official Liquidator who also questions the correctness of the order. Before us an application has been filed by the Government of Karnataka for impleading it as a party being I.A. Nos. 2-4 of 2005 in Civil Appeal Nos. 5199-5201 of 2004 wherein also, the validity of the impugned order is in question. Thus the impugned judgment of the High Court cannot be sustained.
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