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Aug 25 2008

Ksl and Industries Ltd. Vs. Arihant Threads Ltd. and ors.

Court : Supreme Court of India

Decided on : Aug-25-2008

Subject : SICABanking

Acts : Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 2, 3, 15 to 19, 19A, 20, 21, 22, 22(1), 22A, 25, 29, 32 and 32(1); Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 25, 28, 29, 30, 34, 34(1) and 34(2); Income Tax Act, 1961 - Sections 72A; Companies Act, 1956 - Sections 529(1) and 529A; Foreign Exchange Regulation Act, 1973; Urban Land (Ceiling and Regulation) Act, 1976; Industrial Finance Corporation Act, 1948; State Financial Corporations Act, 1951 - Sections 29 and 46B; Unit Trust of India Act, 1963; Industrial Reconstruction Bank of India Act, 1984; Small Industries Development Bank of India Act, 1989; Code of Civil Procedure (CPC) , 1908 - Sections 9; Recovery of Debts Due to Banks and Financial Institutions (Amendment) Act, 2000;

Reported in : IV(2008)BC421(SC); 153(2008)DLT27(SC); 2008(12)SCALE42; (2008)9SCC763

2005, the Company filed a Reference before the Board of Industrial Finance & Reconstruction (`BIFR' for short) under SICA which was registered as BIFR Case No. 4 of 2006. On February 10, 2006, DRAT dismissed the appeal

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Feb 21 2008

Noble Aqua Pvt. Ltd. and 2 ors. Vs. State Bank of India and 4 ors.

Court : Orissa

Decided on : Feb-21-2008

Subject : SICA

Reported in : AIR2008Ori103; 106(2008)CLT126; [2009]148CompCas817(Orissa); 2008(I)OLR702

Industrial and Financial Reconstruction (hereinafter referred to as the 'BIFR') by an application under Section 15(1) of the SICA on 7.10.2005 in the requisite form. Initially the BIFR refused to register the reference, but the petitioner appealed

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Sep 29 2003

Goyal Mg Gases Ltd. Vs. Prestige H.M. Poly Containers Ltd.

Court : Delhi

Decided on : Sep-29-2003

Subject : SICA

Acts : Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 15, 16, 17, 20(1), 22, 22(1), 22(5) and 25; Code of Civil Procedure (CPC) , 1908 - Sections 39 and 151 - Order 39, Rule 4

Reported in : [2004]55SCL572(Delhi)

in case No. 10 of 1998 titled Prestige H.M. Poly Containers Ltd. (An inquiry under Section 16 of SICA was pending and the scheme under Section 17 was stated to be under preparation. The defendant, thereforee, submitted

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Aug 14 2001

Sarvaraya Textiles Ltd. Vs. Commissioner, Employees Provident Fund Com ...

Court : Andhra Pradesh

Decided on : Aug-14-2001

Subject : SICA

Acts : Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 3, 3(1), 15 to 22, 22(1) and 32; Constitution of India - Articles 21, 39 and 41 and 226; Employees Provident Fund Miscellaneous Provisions Act, 1952 - Sections 5-A, 8-B and 8-G; Companies Act, 1956; Sick Industrial Companies (Special Provisions) (Amendment) Act, 1988 - Sections 22; State Financial Corporation Act, 1951; Bombay Village Panchayat Act, 1959

Reported in : 2001(5)ALD560; 2001(5)ALT749; [2001]107CompCas342(AP)

under the provisions of Sick Industrial Companies (Special Provisions) Act, 1985 (Act of 1 of 1986) (for short SICA, 1986). The petitioner company, under the provisions of the EPF Act is liable to file monthly returns and

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Nov 08 2001

Sarvaraya Textiles Limited Vs. Commissioner, Employees Provident Fund ...

Court : Andhra Pradesh

Decided on : Nov-08-2001

Subject : SICA

Acts : Sick Industries Companies (Special Provisions) Act, 1985 - Sections 3(1), 4, 5-A, 15(1), (2), 16, 16(1), (2), 17, 17(3), (5), 18, 18(4), 22, 22(1), 25 and 32; Employees Provident Fund (Miscellaneous Provisions) Act, 1952 - Sections 5-A, 6, 8, 8-A, 8-B, 8-G and 14-B; Income Tax Act, 1961; Sick Industries Companies (Special Provisions) (Amendment) Act, 1993 - Sections 22; Companies Act, 1956; State Financial Corporation Act, 1951 - Sections 29, 29(1) and 46-B; Orissa Sales Tax Act, 1947; Absorption of Employees of State Government Public Sector Undertakings into Public Service Act, 1997; Negotiable Instruments Act - Sections 138; Bombay Village Panchayats Act - Sections 129; Constitution of India - Article 21; RDB Act - Sections 34; Income Tax (Certificate Proceedings) Rules

Reported in : 2002(1)ALD705; [2002]108CompCas406(AP); [2001(91)FLR731]

the learned single Judge is as to whether having regard to the provisions of Section 22(1) of the SICA, the recovery proceedings could be stayed in view of the decisions of the Apex Court in Maharashtra Tubes

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Apr 11 2008

Kotak Mahindra Bank Ltd. Vs. A.A.i.F.R. and ors.

Court : Delhi

Decided on : Apr-11-2008

Subject : SICA

Acts : Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 3(1), 16, 17, 17(2), 17(3), 18, 18(1), 19, 19(2), 19(3), 20, 20(4), 22, 25 and 32; Companies Act, 1956 - Sections 22, 391 to 394, 5269(A) and 536(2)

Reported in : [2008]144CompCas588(Delhi); 2008(103)DRJ17

that the order passed by the AAIFR granting permission to the respondent-company suffers from an illegality inasmuch as SICA is a special enactment no authority including the High Court exercising powers under any other enactment can, during

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Apr 18 2006

Nile Ltd. Vs. Renewable Energy Systems Ltd. and ors.

Court : Andhra Pradesh

Decided on : Apr-18-2006

Subject : SICACivil

Acts : Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 3(1), 16, 17, 22, 22(1), 25 and 52; Companies Act, 1956; Bombay Village Panchayat Act, 1959 - Sections 129; Code of Civil Procedure (CPC) - Sections 151 - Order 21, Rule 38; Constitution of India - Article 227

Reported in : 2006(3)ALD675; 2006(3)ALT746; [2006]132CompCas169(AP); (2006)6CompLJ547(AP)

The question that arose for consideration of the Court below was whether, in view of Section 22(1) of SICA, when the matter is referred to BIFR and the same is pending, without the prior approval of the

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Oct 10 2006

Gowri Spinning Mills (P.) Ltd. Vs. Assistant Provident Fund Commission ...

Court : Chennai

Decided on : Oct-10-2006

Subject : SICALabour and Industrial

Acts : Employees' Provident Funds and Miscellaneous Provisions Act, 1952 - Sections 5A, 6, 6A, 6C, 7A, 8, 8A, 8B to 8G, 11, 12, 14 and 14B; Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 3, 3(1), 4, 15, 15(1), 15(2), 16, 17, 17(2), 17(3), 17(5), 18, 18(3), 19, 22, 22(1), 22(5), 25 and 32; Companies Act, 1956 - Sections 529, 529A and 530; Income Tax Act, 1961; State Financial Corporations Act, 1951 - Sections 29 and 29(1); Bombay Village Panchayats Act - Sections 129; Karnataka Rent Control Act; Sick Textile Undertakings Nationalisation Act, 1974 - Sections 5(2); Employees' Provident Funds and Miscellaneous Provisions (Amendment) Act, 1988; Sick Industrial Companies (Special Provisions) Act, 1978 - Sections 3; Industrial Disputes Act - Sections 2 and 33; Maharashtra Rec

Reported in : (2007)ILLJ140Mad

within the meaning of Section 3(1)(o) of the Sick Industrial Companies (Special Provisions) Act, 1985 (for short 'the SICA').3. The facts leading to these appeals are undisputed and need to be noted in brief.Writ Appeal No. 230

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May 16 2008

Tata Motors Ltd. Vs. Pharmaceutical Products of India Ltd. and anr.

Court : Supreme Court of India

Decided on : May-16-2008

Subject : SICA

Acts : Sick Industrial Companies (Special provisions) Act, 1984 - Sections 15, 16, 17, 18, 18(1), 18(3), 18(6A), 19, 19(1), 19(2), 19(4), 20, 20(4), 22, 22A, 26 and 32; Companies Act, 1956 - Sections 3, 187, 235 to 351, 391 to 394, 433, 441, 443, 444, 446, 446(1), 451, 457, 529A, 536(2) and 643; Foreign Exchange Regulation Act, 1973; Urban Land (Ceiling and Regulation) Act, 1976; Income Tax Act, 1961 - Sections 72A; Arbitration and Conciliation Act, 1996; Limitation Act; Companies Act, 1913; Life Insurance Corporation Act, 1956 - Sections 15 and 41; Code of Civil Procedure (CPC) - Sections 9; Constitution of India - Articles 39 and 146

Reported in : III(2008)BC330(SC); 2008(4)BomCR707; [2008]114CompCas178(SC); (2008)3CompLJ91(SC); [2008]84SCL355(SC); 2008AIRSCW4651; AIR2008SC2805; 2008(7)SCC619; 2008(4)Supreme553; 2008(4)KCCRSN315

respondent would be near about 5.7 crores of rupees. There were other secured and unsecured creditors also.Proceedings under SICA4. Respondent being unable to pay the dues made a reference in terms of Section 15 of SICA before

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Sep 15 2003

L.G. Electronics India Pvt. Ltd. Vs. Usha India Ltd. and ors.

Court : Delhi

Decided on : Sep-15-2003

Subject : SICA

Acts : Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 15, 16, 22 and 25

Reported in : [2004]52SCL611(Delhi)

stay of the execution proceedings. Judgment Debtor No. 1 Company made a reference under Section 15 of the SICA before the BIFR on 17th January 2002, which was registered as case No. 117/2002. The BIFR conducted an

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