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Duncan International (India) Ltd. and anr. Vs. Appellate Authority for ...

Court : Delhi

Subject : SICA

Acts : Constitution of India - Article 226; Industrial (Development and Regulation) Act, 1951 - Sections 3

Reported in : [2003]115CompCas237(Delhi); 86(2000)DLT698; 2000(54)DRJ836

power to determine tenancy as well as fixing enhanced rent. AAIFR proceeded to record other finding holding that SICA had over-riding effect on the WB Tenancy Act and in view of proviso to Article 254(2) of the

B.K. Kapur Vs. P.D. Gupta

Court : Delhi

Subject : SICATenancy

Acts : Companies Act, 1956 - Sections 446; Constitution of India - Article 227; Delhi Rent Control Act, 1958 - Sections 21; Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 22; Indian Contract Act, 1872 - Sections 23

Reported in : 1996IIAD(Delhi)209; 1996(37)DRJ207

made under Section 15 of the Sick Industrial Companies (Special provisions) Act 1985, (hereinafter referred to as the SICA) on 15th July 1989 to the Board for Industrial Finance Reconstruction (for short BIFR) for declaration of the … they will be put in vacant possession of the tenanted premises on the expiry of the fixed term tenancy as held by the Supreme Court in its various decisions on the subject. According to the petitioners the

Smt. Prem Lata Gupta and anr. Vs. Dunlop India Limited

Court : Delhi

Subject : SICATenancy

Acts : Sick Industrial Companies (Special Provisions) Act - Sections 21, 22, 22(1) and 25; Delhi Rent Control Act; Transfer of Property Act - Sections 106; Code of Civil Procedure (CPC) - Order 8, Rule 5 - Order 12, Rule 6 - Order 20, Rule 18

Reported in : 2003IAD(Delhi)817; III(2003)BC542; [2003]114CompCas689(Delhi); 103(2003)DLT112; 2003(68)DRJ29; [2004]51SCL616(Delhi)

22.6.1998, the defendant was declared a sick company by BIFR and, thereforee, the provisions of Section 22 of SICA shall immediately apply to the defendant. As the said Section 22 has a over-riding effect on the clauses … in paragraph 10 it has again been reiterated that the cause of action arose on 23.9.1998 when the tenancy of the Defendant Company stood expressly terminated by the Plaintiff on the expiry of sixty days of the

Jindal Menthol and Investments Ltd. Vs. Prakash Industries Ltd.

Court : Delhi

Subject : SICAArbitration

Acts : Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 22; Arbitration and Conciliation Act, 1996 - Sections 9

Reported in : [2001]106CompCas473(Delhi)

This was a case of lease of a property in favor of a company which was under this SICA. It was held that leasehold rights in a property cannot be said to be a property of the … (Smt.) v. Jeevan Kumar : AIR1985SC796 , this Court has laid down that the termination of a contractual tenancy does not bring about a change in the status and legal position of the tenant unless there are

Ms Incab Industries Ltd Through Authorized Signatory Cum in Charge Shr ...

Court : Jharkhand

Subject : Land Acquisition

the -2- petitioner by the respondent- land lord should be stayed in terms of Section 22 of the SICA Act,1985 and also the status-quo order passed by the Delhi High Court in W.P.C. No. 942 of 2007. … for eviction was instituted by the land lord / respondent herein for violation of the terms of the tenancy and failure by the tenant to make payments of arrears of rent despite notice. The plaintiff also claimed

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

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 … fixed assets at Rs. 17.51 crores. It is alleged that on July 1, 2004, the Company created illegal tenancy in favour of M/s Roland Exports. On September 16, 2004, the Recovery Officer fixed the reserve price of

Lg Electronics Ltd. Vs. Usha (India) Ltd. and anr.

Court : Delhi

Subject : SICA

Acts : Sick Industrial Companies (Special Provisions) Act - Sections 22, 22(1) and 58A; Karnataka Rent Control Act; Limitation Act, 1963 - Schedule - Article 70; Limitation Act, 1908 - Schedule - Article 145; Arbitration and Conciliation Act, 1996; Code of Civil Procedure (CPC) - Order 6, Rule 12

Reported in : AIR2007Delhi231; [2008]144CompCas504(Delhi)

the extent and reach of Section 22 of the Sick Industrial Companies (Special Provisions) Act (in short 'the SICA'), namely, whether the security deposit given by the tenant to the company (which is before the Board for … 1 and 2, which these JDs were under a legal obligation to refund on the termination of the tenancy and on handing over the possession of the tenanted premises back to them. Such money could not be

Zenith Steel Tubes and Industries Ltd. and anr. Vs. Sicom Limited

Court : Supreme Court of India

Subject : SICA

Acts : State Financial Corporations Act, 1951 - Sections 15 and 31(1); Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 22 and 22(1); Presidency Towns Insolvency Act, 1909 - Sections 9(2); Limitation Act - Schedule - Article 137; Bombay Tenancy and Agricultural Lands Act, 1948 - Sections 80 and 85; Negotiable Instruments Act, 1881 - Sections 138

Reported in : AIR2008SC451; 2008(2)ALLMR(SC)350; 2008(1)BomCR30; [2008]141CompCas428(SC); (2008)1SCC533; [2007]80SCL435(SC); 2007AIRSCW7240; AIR2008SC451; 2008(1)SCC533; 2008(1)LH(SC)731

of the different decisions of this Court came to the conclusion that the provisions of Section 22 of SICA, as amended in 1994, did not prohibit any proceeding, other than a suit for enforcement of any security … of the Civil Court with regard to the provisions of Section 80 and Section 85 of the Bombay Tenancy and Agricultural Lands Act, 1948. Referring to the decision of the Judicial Committee in Secretary of State v.

Sirmor Sudburg Auto Ltd. Vs. Kuldip Singh Lamba

Court : Delhi

Subject : SICA

Acts : Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 22(1)

Reported in : 1997IVAD(Delhi)364; II(1997)BC386; [1998]91CompCas727(Delhi); 67(1997)DLT870; 1997(42)DRJ421

trial Court rejecting his application under Section 22(1) of the Sick Industrial Companies (Special Provisions) Act, 1985 (hereinafter Sica, for short) paying for stay of the suit.(2) The petitioner company took the premises belonging to the plaintiff-respondent … for the period November, 1994 to November, 1995 calculated at the rate of Rs. 13680.00 per month. the tenancy of the petitioner company as terminated with the end of November, 1995. Mesne profits and damages at the

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

Court : Delhi

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 … owner/landlord M/s Usha India Ltd. and others towards rent, maintenance charges, hire charges for fittings and fixtures. The tenancy was brought to an end, possession handed over to Local Commissioner, the suit was decreed on 6.9.2002 for