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Fertilizer Corporation Of India Ltd. Vs. M/s. Coromandal Sacks Private ...
Supreme Court of India
Apr-26-2024
Land Acquisition
India (Case No.515/1992) ceases to be a Sick Industrial Company, within the meaning of Section 3(1)(o) of the SICA as its net-worth has turned positive. It is therefore, de-registered from the purview of SICA/BIFR. xxx xxx xxx … REPORTABLE2024INSC348IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 5366-5367 OF2024FERTILIZER CORPORATION OF INDIA …APPELLANTS LIMITED & ORS. VERSUS M/S COROMANDAL SACKS
Tag this Judgment! AI Brief & AskNavbharat International Ltd. Vs. Cargo Onboard M.V. Amitees (at Kandla ...
Mumbai
Feb-20-2014
Company
Notices of Motion can be proceeded with or not in view of the provisions of Section 22 of SICA. 8. The matter was stood over to 20th January 2014 on which date again it was stood over … the term œsuit? has to be confined to those actions which are dealt with under the code of civil procedure and not in the comprehensive or over arching sense so as to apply to any original proceedings
Tag this Judgment! AI Brief & AskNavbharat International Ltd. Vs. Cargo Onboard M.V. Amitees (at Kandla ...
Mumbai
Feb-20-2014
Company
Notices of Motion can be proceeded with or not in view of the provisions of Section 22 of SICA. 8. The matter was stood over to 20th January 2014 on which date again it was stood over … the term œsuit? has to be confined to those actions which are dealt with under the code of civil procedure and not in the comprehensive or over arching sense so as to apply to any original proceedings
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Nile Ltd. Vs. Renewable Energy Systems Ltd. and ors.
Andhra Pradesh
Apr-18-2006
SICACivil
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
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 … ORDERC.V. Ramulu, J.1. This civil revision petition is filed under Article 227 of the Constitution of India being aggrieved by an Order dated
Tag this Judgment! AI Brief & AskS.S. Organics Limited and V.N. Vs. B. Subba Reddy
Company Law Board CLB
Sep-20-2005
Company
(2006)132CompCas92
did not follow the orders of BTFR either in letter or in spirit.By virtue of Section 26 of SICA, no civil court shall have jurisdiction in respect of any action taken or to be taken in pursuance
Tag this Judgment! AI Brief & Askinderjeet Arya and Another Vs. Icici Bank Ltd.
Delhi
May-02-2012
Land Acquisition
home his point, Mr Bansal contended that a suit is an action which is ordinarily presented before a civil court and not before a tribunal, such as the DRT. For this purpose, he relied upon the judgment … of its reference under Section 15 of the Sick Industrial Companies (Special Provisions) Act, 1985 (in short “the SICA”) with the Board for Industrial and Financial Reconstructions (in short “the BIFR”). The reference was filed on 02.04.2009.
Tag this Judgment! AI Brief & AskNgef Ltd. Vs. Chandra Developers Pvt. Ltd. and anr.
Supreme Court of India
Sep-29-2005
SICA
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
IV(2005)BC406(SC); [2005]127CompCas822(SC); (2005)6CompLJ203(SC); JT2005(12)SC29; (2005)4MLJ168(SC); (2005)8SCC219; [2005]64SCL1(SC)
retains the control over the assets of the company in terms of Sub-section (4) of Section 20 of SICA and, thus, it was BIFR alone which could issue a direction as regard sanction of sale of assets … such jurisdiction. Submissions :8. Mr. T.R. Andhiyarujina, the learned Senior Counsel appearing on behalf of the Appellants, in Civil Appeal Nos. 5199-5201 of 2004, would, inter alia, contend that the learned Company Judge and the Division Bench
Tag this Judgment! AI Brief & AskSaketh India Limited Vs. W. Diamond India Limited
Delhi
Apr-30-2010
SICA
Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 3(1), 16, 17, 20(4), 22, 22(1) and 25; ;Sick Industrial Companies (Special Provisions) Repeal Act, 2003; ;Companies Act, 1956; ;Code of Civil Procedure (CPC) , 1908 - Order 7, Rule 11 - Order 38
(special Provisions) Act, 1985 ('SICA' for short). Before us, the only aspect that has been argued is that SICA places a complete prohibition on all judicial proceedings leaving no alternative to the Trial Judge other than ordering … Applications preferred by the Appellant/Defendant were dismissed and the Suit filed under Order XXXVIII of the Code of Civil Procedure, 1908 ('CPC' for short) for the recovery of mesne profits for the sum of Rupees 31,30,153/- together
Tag this Judgment! AI Brief & AskKotak Mahindra Finance Ltd. Vs. Mafatlal Industries Ltd.
Mumbai
Jan-21-2004
SICACivil
Code of Civil Procedure (CPC) - Sections 47 - Order 21, Rule 2; Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 18, 18(8) 19, 19(2), 26 and 32
2004(5)BomCR792; [2004]122CompCas231(Bom); (2004)4CompLJ492(Bom)
respondents under the provisions of the Sick Industrial Companies (Special Provisions) Act, 1985 (hereinafter referred to as 'the SICA' for the sake of brevity). While the said proceedings were pending, Execution Application Lodging No. 270 of 2000 … by contending that the chamber summons is obviously referable to remedy under Section 47 of the Code of Civil Procedure. There is substance in the argument that in view of the expansive provision contained in Section 47
Tag this Judgment! AI Brief & AskKailash Nath Agarwal and ors. Vs. Pradeshiya Industrial and Investment ...
Supreme Court of India
Feb-14-2003
SICA
Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 3, 3(1), 15 to 19, 22, 22(1), 22(3) and 25; Uttar Pradesh Public Money (Recovery of Dues) Act, 1972 - Sections 3(2) and 3(4); Indian Contract Act, 1872 - Sections 128; Uttar Pradesh Public Demands (Recovery of Dues) Act, 1972; Uttar Pradesh Land Revenue Act, 1901 - Sections 183; Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 - Sections 287A; Companies Act, 1956; State Financial Corporation Act, 1951 - Sections 29 and 31; Sick Industrial Companies (Special Provisions) (Amendment) Act, 1994; Representation of People Act, 1951
AIR2003SC1886; II(2003)BC296(SC); (2003)3CompLJ103(SC); JT2003(2)SC115; 2003(2)SCALE160; (2003)4SCC305; [2003]1SCR1159; (2003)2UPLBEC1198; MANU/SC/0114/2003
afforded to guarantors under Section 22(1) of the Sick Industrial Companies (Special Provisions) Act, 1985 (referred to as SICA) is in issue in these appeals. The Pradeshiya Industrial and Investment Corporation of U.P. Ltd., respondent No. 1 … 'suit'. Section 3 specifically states that no suit for the recovery of any sum shall lie in the Civil Court against any such person to whom a certificate was issuable under Section 3(1). It is submitted that
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