ALPHA AGENCIES Vs. INALSA APPLIANCES LTD.

JUDGEMENT

(1.) THIS petition was filed by M/s.Alpha Agencies, a partnership concern against M/s. Inalsa Appliances Ltd. on the ground that respondent company had failed to clear its bills of Rs. 27 lacs. The petitioner was also claiming interest on this amount.

(2.) AFTER issuance of notice to show cause, the respondent appeared in the matter. However, proceedings herein were interdicted by the respondent by making a reference under the Sick Industries (Special Provision) Act before the BIFR.

(3.) IN as much as the present petitioner had prayed for an order of winding up of the same company, it is evident that two orders for winding up of the same company cannot be passed. Pursuant to the orders of 21st October, 2005 passed in Co. P. No. 128/2004, the official liquidator has taken over the affairs of the company and has proceeded in the matter. It is pointed out that there has been some asset realisation also in those proceedings.