NRC LIMITED Vs. DUNLOP INDIA LIMITED

JUDGEMENT

(1.) This winding up application was filed in 1998.

(2.) Shortly thereafter, it was stayed by this Court on the ground that a reference was pending before the Board for Industrial and Financial Reconstruction [BIFR]. The petitioner preferred an appeal from this order. The Hon'ble Appeal Court by its order dated 29th July, 1998 affirmed the order of the learned Trial Judge.

(3.) Thereafter, it seems that this winding up application appeared in the list of Ashim Kumar Banerjee, J. on 7th June, 2004. It is recorded in the order passed on that day that despite repeated calls none appeared on behalf of the petitioning creditor. A submission was recorded on behalf of the company that it had been declared sick under the Sick Industrial Companies [Special Provisions] Act, 1985 [SICA]. Hence, the winding up application was dismissed. The order further noted that it would not preclude the petitioner from approaching the BIFR on the same cause of action.