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

Court : Supreme Court of India

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

Board of Industrial Finance & Reconstruction (`BIFR' for short) under SICA which was registered as BIFR Case No. 4 of 2006.

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

Court : Orissa

Subject : SICA

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

the 'BIFR') by an application under Section 15(1) of the SICA on 7.10.2005 in the requisite form. Initially the BIFR refused

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

Court : Delhi

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)

H.M. Poly Containers Ltd. (An inquiry under Section 16 of SICA was pending and the scheme under Section 17 was stated

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

Court : Andhra Pradesh

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]

having regard to the provisions of Section 22(1) of the SICA, the recovery proceedings could be stayed in view of the

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

Court : Andhra Pradesh

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)

Provisions) Act, 1985 (Act of 1 of 1986) (for short SICA, 1986). The petitioner company, under the provisions of the EPF

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

Court : Delhi

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

permission to the respondent-company suffers from an illegality inasmuch as SICA is a special enactment no authority including the High Court

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

Court : Chennai

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

Sick Industrial Companies (Special Provisions) Act, 1985 (for short 'the SICA').3. The facts leading to these appeals are undisputed and need

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

Court : Andhra Pradesh

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)

Court below was whether, in view of Section 22(1) of SICA, when the matter is referred to BIFR and the same

Employees Elconmet Ltd. Vs. the Ipicol

Court : Orissa

Subject : SICA

Acts : Companies Act, 1956 - Sections 44(2), 433, 439, 441, 441(2), 529A, 537 and 537(1); Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 15(1), 16, 20, 20(1), 20(2), 20(3), 20(4), 32 and 32(1); Foreign Exchange Regulation Act, 1973; Urban Land (Ceiling and Regulation) Act, 1976; Income Tax Act, 1961 - Sections 72A; Companies' (Court) Rules, 1989; Companies (Court) Rules, 1959 - Rule 272

Reported in : III(2005)BC143; 99(2005)CLT502; [2006]133CompCas924(Orissa); [2005]64SCL288(NULL)

as operating agency in terms of Section 20(4) of the SICA to arrange for disposal of the assets of the Company

Ngef Ltd. Vs. Chandra Developers Pvt. Ltd. and anr.

Court : Supreme Court of India

Subject : SICA

Acts : Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 16, 18, 20(1), 20(2), 20(4), 22A, 32 and 32(1); Companies Act, 1956 - Sections 150(1), 150(3), 293, 433, 441, 443, 444, 446, 446(1), 446(2), 447, 450(1), 451, 456(1), 457, 529A, 536 and 536(2); Foreign Exchange Regulation Act, 1973; Urban Land (Ceiling and Regulation) Act, 1976; Constitution of India - Articles 100 and 136; Companies (Court) Rules, 1958 - Rules 6, 7 and 9; Companies (Court) (Amendment) Rules, 1959 - Rules 6, 9, 24 and 99

Reported in : IV(2005)BC406(SC); [2005]127CompCas822(SC); (2005)6CompLJ203(SC); JT2005(12)SC29; (2005)4MLJ168(SC); (2005)8SCC219; [2005]64SCL1(SC)

company in terms of Sub-section (4) of Section 20 of SICA and, thus, it was BIFR alone which could issue a