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2005 (9) TMI 310

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..... e charge would become void as against the Official Liquidator. The appellants cannot now get any preference over other creditors, in cases like the present. - CIVIL APPEAL NO. 5382 OF 1998 - - - Dated:- 13-9-2005 - S.N. VARIAVA, TARUN CHATTERJEE AND P.K. BALASUBRAMANYAN, JJ. Altaf Ahmed, Sushil Kumar Jain, Pradeep Agarwal, A.P. Dhamija, Sarad Singhania and H.D. Thanvi for the Appell .....

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..... n No. 2 of 1991 which was allowed by order dated 22-2-1991. The Official Liquidator was directed to consider the claim in accordance with law. 4. The Official Liquidator therefore considered the claim and admitted the appellants as ordinary creditors. The appellants, therefore, filed an appeal against the order of the Official Liquidator. In that appeal some reliefs were given. However, it was .....

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..... ould therefore be governed by the provisions of Companies Act. This view is also supported by a reading of section 32(10) of the 1951 Act, which reads as under: "(10) Where proceedings for liquidation in respect of an industrial concern have commenced before an application is made under sub-section (1) of section 31, nothing in this section shall be construed as giving to the Financial Corporati .....

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