LAWS(SC)-1998-10-26

NATIONAL TEXTILE CORPORATION MAHARASHTRA NORTH LIMITED Vs. COMMISSIONER OF PAYMENTS MINISTRY OF COMMERCE

Decided On October 15, 1998
NATIONAL TEXTILE CORPORATION LIMITED Appellant
V/S
COMMISSIONER OF PAYMENTS,MINISTRY OF COMMERCE Respondents

JUDGEMENT

(1.) The claim made by the appellant-corporation before the Assistant Commissioner of Payments, Bombay, under Section 19 of the Sick Textile Undertakings (Nationalisation) Act, 1974 (hereinafter called the 'Act'), was partly rejected. The appeal filed against the rejected portion of the claim to the Appellate Authority (Joint Judge, Akola) and the further revision to the Bombay High Court were dismissed. Thereafter, these appeals are preferred by special leave.

(2.) By this Court's Order dated 6-8-98 it was made clear that unless the copies of agreements entered into between the erstwhile textile undertaking and the State Bank of India and also the Central Bank of India are produced, the claim of the appellant under the category of 'Bills discount' cannot be considered and disposed of.

(3.) Learned senior counsel appearing for the appellant frankly stated before us that those agreements are not available at this distance of time. Therefore, he confined rightly his arguments only to the claim under the category 'adjustments made by Indian Cotton Mills Federation' amounting to Rs. 2,22,586/-.