V R RAMARAJU Vs. UNION OF INDIA

LAWS(SC)-1995-4-96

SUPREME COURT OF INDIA

Decided on April 17,1995

V.R.RAMARAJU Appellant

VERSUS

UNION OF INDIA Respondents

JUDGEMENT

- (1.) JUDGMENT
(2.) . Delay condoned. . We do not find any ground to interfere with the High court's view which has rejected the challenge to the constitutional validity of Ss. (2 of section 20 of the Sick Industrial Companies (Special Provisions) Act, 1985. . It is obvious that Ss. (2 has to be construed to mean that the High court in deciding the question of winding up of the company has to take into account the opinion of the Board forwarded to it under Ss. (1 and is not to abdicate its own function of determining the question of winding up. So read, Ss. (2 does not suffer from any infirmity. This in substance is the view taken by the High court in the impugned order.
(3.) . The special leave petition is, therefore, dismissed.;

Click here to view full judgement.