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National Textile Corporation Ltd vs Union Of India & Anr on 10 February, 2014

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Delhi High Court
National Textile Corporation Ltd vs Union Of India & Anr on 10 February, 2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of decision: 10th February, 2014.

+ LPA 808/2012 & CM No.20667/2012 (for stay) NATIONAL TEXTILE CORPORATION LTD ..... Appellant Through: Mr. Sandeep Sethi, Sr. Adv. with Mr.

Sanjoy Ghose & Mohd. Farukh,

Advs.

Versus

UNION OF INDIA & ANR ..... Respondents Through: Mr. Ruchir Mishra, Adv. for R-1.

Mr. Kamal Khurana, Adv. for R-2.

CORAM:

HON'BLE THE CHIEF JUSTICE

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

RAJIV SAHAI ENDLAW, J.

1. This intra-court appeal impugns the judgment dated 22nd November, 2012 of the learned Single Judge of this Court of dismissal of W.P.(C) No.5527/2012 filed by the appellant. The said writ petition was filed impugning the notice dated 17th October, 2011 of arbitration served on the appellant and for restraining the respondents in the writ petition i.e. Union of India (UOI), Ministry of Heavy Industries & Public Enterprises and the UCO Bank from proceeding further with the "illegal and unconstitutional arbitral proceedings".

LPA No.808/2012 Page 1 of 21

2. Though the pleadings in the writ petition as well as memorandum of appeal are quite vague and ambiguous, but the position which emerges is: (i) that with effect from 1st April, 1994, by virtue of Section 3(1) of the Textile Undertakings (Nationalisation) Act, 1995 the right, title and interest of Shree Si


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