CHOKSI TUBE COMPANY LTD Vs. APPELLATE AUTHORITY

JUDGEMENT

(1.) THE petitioner has prayed for below mentioned relief:

(2.) BY the impugned order dated 22.07.2010, the Appellate Authority for Industrial and Financial Reconstruction (AAIFR for short) has confirmed the order passed by Board for Industrial and Financial Reconstruction (BIFR for short) and rejected the appeal preferred by present petitioner.

(3.) PER contra, learned Senior Advocate appearing for respondent no.3 has opposed the contention raised on behalf of the petitioner. As regards the contention on the ground that Official Liquidator was not impleaded as party opponent in the proceedings before CLB, the respondent no.3 has heavily relied on order dated 27.06.2007 passed by the Division Bench whereby the winding up order dated 11.09.2006 and the order directing appointment of Official Liquidator was stayed. In light of the said order it is submitted that since the order directing initiation of winding up proceedings and appointment of Official Liquidator was stayed, there was no need to implead Official Liquidator in the proceedings before CLB. It is also contended that the order dated 08.06.2010 by BIFR is not beyond the jurisdiction of BIFR.