STATE OF GUJARAT Vs. O.L. OF GSTC LTD.
LAWS(GJH)-2008-3-166
HIGH COURT OF GUJARAT
Decided on March 05,2008

STATE OF GUJARAT Appellant
VERSUS
O.L. Of Gstc Ltd. Respondents

JUDGEMENT

K.A.PUJ, J. - (1.) SINCE common issue is involved in both these Company Applications they are heard together and are being disposed of by this common judgment and order.
(2.) BOTH these Company Applications are filed by State of Gujarat through the Secretary, Industries and Mines Department, Sachivalay, Gandhinagar. Company Application No. 562 of 2007 is in relation to Priyalaxmi Mills, Vadodara a unit of Gujarat State Textile Corporation (in liquidation) and Company Application No. 77 of 2008 is in relation to Monogram Mills, Ahmedabad a unit Gujarat State Textile Corporation (in liquidation). The common prayers are made in both these applications. The applicant State of Gujarat has prayed for appropriate order or direction directing the Official Liquidator attached to this Court to transfer and hand over all immovable assets and properties belonging to and owned by GSTC in respect of its units, namely, Priyalaxmi Mills, Vadodara, particularly land admeasuring 64192 Sq.Mtrs., bearing City Survey No. 586 and 609 and all immovable assets and properties belonging to and owned by the GSTC in respect of the unit, viz. Monogram Mills Rakhial Char Rasta, Ahmedabad City, including land admeasuring about 1,47,034 Sq.Mtrs., to the applicant State Government free from all encumbrances, liabilities and charges under Section 457(1)(e) of the Companies Act, 1956. The applicant State of Gujarat has also prayed for the appropriate direction and/or order directing the Official Liquidator to give set off against the amount already paid by the Government which the Official Liquidator owes to the State Government to the tune of Rs. 826.79 crores for discharging the liabilities towards all the dues of the Gujarat State Textile Corporation (in liquidation).
(3.) IN Company Application No. 562 of 2007 an affidavit is filed by Shri Rajesh Kantilal Shah Dy. Secretary to the Government of Gujarat in Industries and Mines Department, Gandhinagar, in support of judge's summons whereas in Company Application No. 77 of 2008 an affidavit is filed by Shri Kanubhai Atmaram Patel Under Secretary, Government of Gujarat to the Industries and Mines Department, Gandhinagar, in support of judge's summons.;


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