8530 8540 of 1983 against the aforesaid order.
reported in 24 2 GLR 1437.
The aforesaid appeal has been dismissed by the High Court by the judgment dated 16th January, 2006 giving rise to the present appeal.
8530 8540 of 1983 was finally decided by this Court and the judgment was delivered in the same matter on 4th May, 1990 reported in 1990 Suppl.
The Appellant preferred an appeal being C.A. No.
Further an injunction was sought restraining Ambica Mills from creating any charge alienation and discharging of the immoveable assets of the companypany in liquidation.
This Court, as regards the price fixation, had set aside the direction given by the High Court in Para 36 of the judgment dated 30th July, 1983.
As stand disposed off.
It appears that respondent No.10 Textile Labour Association, Bhadra sought review of the order dated 17th October, 1997 by filing Review Petition Nos.1193 1203 of 2001 in I.A.No.168 178/1997 in C.A.No.8530 40 of 1983.
It is the case of the ONGC that it is in receipt of a letter dated 28th September, 1999 from the official liquidator wherein it has been stated that Plot No.307IPS 16 of Ambica Mills in liquidation property was disposed of for Rs.90.11 lakhs and the initial instalment of Rs.22.52 lakhs had already been deposited by the purchaser of the said plot.
The aforesaid judgment of this Court is reported at 2004 9 SCC 741.
ONGC Anr.
The Federation of Gujarat Mills and Industries agreed to purchase the gas supplied by ONGC at Rs.100/ per unit.
Respondent Ambica Mills Co. Ltd. is one among the members of the said Association.
It appears that in the meantime BIFR recommended that Ambica Mills be put into liquidation.
The supply of gas to the member industries was based on individual companytracts entered into with each of the companycerns.
On 29th December, 1982, the High Court modified the aforesaid interim order and directed the Appellant to supply gas to the member industries of the Association at Rs.1000/ per 1000 cubic meter.
When the matter was taken up for hearing on 8th December, 1992, learned senior companynsel appearing on behalf of the Association submitted that the members of the Association will make some more substantial payments to ONGC by the end of the month, and particulars of payment so made would be submitted in the Court on or before 8th January, 1993.
The Association formed a Society registered under the Cooperative Societies Act.
On 18th October, 2004, the Division Bench stayed the judgment of the learned Single Judge subject to disbursement of the workers at the rate of Rs.2500/ each worker as agreed by the parties.
The Gujarat High Court by an interim order dated 30th March, 1979 in the said Application, directed the Appellant herein to companytinue supply of gas at the old rate, i.e., Rs.504/ per 1000 cubic meter.
The Association filed Special Civil Application No.
On 30th July, 1983 the said Civil Application was partly allowed by the Division Bench setting aside the price demanded by the Appellant herein, leaving it open to deal with the question of price fixation in any one of the three modes suggested in Para 36 of the judgment in the case of Association of Natural Gas Consuming Industries of Gujarat Ors.
It was also observed that the entire dues of the ONGC shall be first paid out of the total sale price and the balance, if any, remaining thereafter shall be available for utilisation in any other manner directed by the BIFR.
After the expiry of the companytract, a new companytract stipulated prices for supply that were prevalent at the time of the respective companytracts.
The industries subscribing to the gas supplied by the appellant formed an association in 1978 called The Association of Natural Gas Consuming Industries of Gujarat hereinafter referred to as Association .
The then levied price for supply of gas was Rs.504/ per unit.
Appellant filed Company Petition No.
The record also shows that ONGC moved Company Application No.445 of 2000 in Company Petition No.121 of 1995 by way of judges summons, in which directions were sought that outstanding amounts of the ONGC be paid by the companypany in liquidation.
Ambica Mills Co. Ltd. admitted the principal amount.
Pursuant to the order dated 15th April, 1987, an undertaking was given by Ambica Mills Co. Ltd. thereby making available their immovable assets for discharge of its respective liability on 27th May, 1987.
A prayer was made for release of the aforesaid amount to ONGC.
1 Ambica Mills Co. Ltd. C.A. No.
833 of 1979, before the Gujarat High Court praying to issue appropriate writ directing the directing the Respondent therein Appellant herein to supply the break up and data on the basis of which price structure was arrived at by ONGC, for supply of the gas etc.
Further, an injunction be issued restraining the companypany in liquidation its agents, officers and servants from making any payment disbursement in any manner, of any of the sale proceeds that are available from the sale of assets of the companypany in liquidation.
On 15th April, 1987, this Court passed an interim order directing that the members of the Association including the Respondent shall be supplied gas at the rate of Rs.1000/ per 1000 cubic metres subject to an undertaking that the respondent shall number charge, encumber or alienate except with the leave of this Court any of the immovable assets.
The appellant and the members of the said Association entered into an agreement for supply of natural gas.
66 of 1983 seeking winding up of Respondent No.
Aggrieved by the aforesaid directions, ONGC filed O.J. Appeal No.51 of 2004.
On 17th January, 1997, the High Court ordered winding up of M s. Ambica Mills Co. Ltd. and the official liquidator was appointed as the liquidator of the companypany.
The aforesaid review petitions were decided by this Court on 12th April, 2004 and it was directed that claims of ONGC will have to be worked out in accordance with Sections 529 and 529A of the Companies Act as well.
In 1967, the appellant companymenced supply of natural gas to the industries in and around Vadodra.
The agreement provided the price payable for supply of gas and the rate of interest in the event of failure to pay the stipulated prices.
On 30th March, 1979, the companytractual period of the aforesaid companytract expired.
SURINDER SINGH NIJJAR, J. The appellant, Oil and Natural Gas Corporation Ltd. is a statutory companyporation companystituted by and under the Oil and Natural Gas Commission Act, Central Act, 43 of 1959 .
The application is accordingly rejected.
Thereafter the official liquidator filed an application before this Court in respect of the disposal of the properties of the companypany in liquidation and disbursement of the amounts realised.
This Court by order dated 17th October, 1997 directed as follows That out of the assets of the companypany under liquidation, the dues of ONGC Limited are required to be paid off first and the question of making any payment to any other creditor can realise only out of the surplus if any remaining after the fill dues of the ONGC Limited have been paid off.
The submissions made on behalf of ONGC that the mandamus issued by this Court earlier that ONGC must be paid up first from any sale of the assets of the companypany in liquidation, would prevail even if the statutory provisions companytained in Sections 529 and 529A of the Companies Act, were rejected.
Notice is discharged.
Soon after the aforesaid judgment, ONGC filed an application for certain directions and modifications of the aforesaid judgment.
