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TMI Blog2010 (12) TMI 1065X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of Food Agricul v. Union of India. It said as follows : "Interlocutory Application No. 3 is allowed. Having examined the facts of the case, we find that, since 2006, this writ petition has been pending. No steps have been taken under the provisions of the Tea Act, 1953. The tea estates have been abandoned by the tea companies. The workers are left high and dry. They are living in a pitiable conditions. They have not received their dues. Till date, several meetings have been held. However, there is no outcome. In the circumstances, we direct the Central Government to carry out their statutory duties under the provisions of the Tea Act, particularly, in terms of sections 16B, 16C, 16D and 16E within a period of six months from today. A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h further and/or other order and/or orders and/or direction or directions as to your lordship deem fit and proper." 4. On September 8, 2010, another judge's summons was taken out by one Gopinath Das. This application is numbered as C. A. No. 736 of 2010 connected with the same company petition, that is, C. P. No. 558 of 1999. The applicant in the application says that he holds 1,03,000 fully paid-up equity shares in the said company. Such holding constitutes 75.6 per cent. of its total issued and paid-up share capital. These were transferred to him on April 4, 2005. Immediately thereafter, on April 5, 2005, he was appointed a director. 5. Many prayers are made in this application but their substance is that winding up of the company be st ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of powers by the Central Government under this section. The first is that the company being wound up must own a "tea undertaking". Secondly, such company is being wound up by the court. The business of such company has stopped. The Central Government has to form an opinion that it is in the interest of the general public or in the interest of the tea industry "to investigate into the possibility" of "running or restarting" the tea undertaking. After formation of such opinion it has to apply to the court for leave to make such investigation. After completion of such investigation, section 16C(1) permits the Central Government to make directions to "the tea undertaking" for production, distribution and controlling the price of tea. 9. Howev ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me Court the satisfaction of the Central Government cannot be less or more. I have to proceed accordingly. Therefore, in view of the above Supreme Court order there is absolutely no scope for allowing the prayers of Gopinath Das in his application for revival of the company by creditors and contributors. But the other prayers in his application of stay of winding up and for stay of sale are not in conflict with the prayers of the Tea Board in this application. 14. However, in view of the provisions of the Tea Act discussed above, the prayers made in the judge's summons for immediate handing over of the tea estate to the Central Government is misconceived. 15. The provisions of the Act discussed above contemplate a stage by stage progress ..... X X X X Extracts X X X X X X X X Extracts X X X X
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