DEBABRATA MUKHERJEE Vs. DUNBAR MILLS LTD

JUDGEMENT

(1.) This appeal is arising out of two orders passed by a single Bench of this Court dated 10th January and 17th January, 2000 in CA No. 257 of 1999 connected with BIFR Case No. 77 of 1987.

(2.) Some of the members of a workers' Union of Durban Mills (In liquidation) (herein after referred to as "the Company") made an application for framing a scheme for rehabilitation of the Company before the trial Court. The learned trial Judge considered the matter at length and rejected the application filed by some of the workers of the Company on 10th January, 2000 by holding that the petitioners were quite unable to establish a case to put any force on the proposed scheme for rehabilitation of the Company. It was held by the trial Court that no such rehabilitation scheme could be allowed where there was no surety of funds and no source of funds has been indicated clearly. In the order impugned in this appeal, it was also found by the learned trial Judge that in fact, the alleged financier has not till date come forward either by filing an affidavit or by supporting this application made by some of the workers of the Company. From the order of the learned trial Judge, it also appears that the application for recommendation of BIFR would appear in the list of the learned trial Judge on 17th January, 2000 as "specially fixed matter".

(3.) Following such directions made by the learned trial Judge in the aforesaid order dated 10th January, 2000 an order was passed by the learned trial Judge, on 17th January, 2000 directing the Company to be wound up. The Official Liquidator was directed to take possession of the assets of the Company and to serve notice directly and he was directed to serve directly upon the secured creditors and to publish the text of the orders in two newspapers. At the time of passing such order on 17th January, 2000, the learned trial Judge held that in view of the order dated 10th January, 2000 dismissing the application made by some of the workers to frame a scheme after Board of Indistrial and Financial Reconstruction (BIFR) recommending winding up of the Company, it only remained for the Court to make the formal order for winding up.