2001 (1) TMI 851

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....ENT Dhavan, CJ. - These are matters, which have been filed by the same petitioner, namely, Bhawani Paper Mills (P.) Ltd., Pushpayan, Budh Marg, District Patna, having its registered office at Janipur Road, Phulwarisharif, Patna. 2. Letters Patent Appeal No. 744 of 2000, arises out of an order passed in C.W.J.C. No. 9850 of 1995. In the latter case the petitioner sought a writ in the nature o....

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....h the matters are not dissimilar. 5. A case has been registered at the Patna High Court as Company Petition No. 8 of 1997. A writ petition, C.W.J.C. No. 10961 of 1998 was filed on 8-12-1998. It is subsequent to the registration of the company case. This aspect is important. The appellant-company cannot open proceedings in every division of the High Court in related matters. 6. The matter of ....

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...., no distress or attachment can be had against a company whose sickness is being enquired into, except by leave of either the BIFR or the appellate authority. Now, that matter is pending before the learned Company Judge, the provisions of the Companies Act, regulate the winding up proceedings. Likewise as in the SICA, the realisation of a debt whether by a suit or any other proceeding requires a c....