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Judgment Search Results Home > Cases Phrase: financial non viability Court: punjab and haryana Page 1 of about 33 results (0.079 seconds)

Sep 14 2009 (HC)

Sita Devi and ors. Vs. State of Haryana and ors.

Court : Punjab and Haryana

Reported in : (2009)156PLR612

..... a responsibility to spread the fruits of labour to be valuable even after superannuation as a patent and deferred wage that has a bearing to the length of service and actual emoluments drawn at the time of superannuation, the nature of service, the financial viability of the scheme for the state to implement and so on. ..... the financial burden that the scheme will cast and the viability are also relevant. ..... the centre extends 50% of support for all the expenses made by the department at the head quarters and there is no financial assistance for any project that the state undertakes at the field level. ..... 161 that financial implication is a relevant consideration for the state government to determine as to what rights could be granted pursuant to my recommendation by pay revision commission. ..... the issue that the board is non-statutory and is operated as a unit of the centre has a bearing to the status of employees under the board as not government servants. .....

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Oct 09 2009 (HC)

H.C. Arora Vs. State of Punjab and ors.

Court : Punjab and Haryana

Reported in : (2009)156PLR721

..... misconduct, having taken advantage of their official position and whether it can be presumed that they have enriched themselves and committed an offence under the provisions of the prevention of corruption act, 1988 whether such a financial transaction adheres to the norms of transparency, accountability, regulations and instructions of the reserve bank of india are various questions posed in the present writ petition. ..... it is nowhere the case of the respondents that within four days, loan arranger had prepared any financial papers/documents, given projections regarding the requirement of the board or have used their skills for demonstrating financial viability and strength of the borrower. ..... a perusal of these minutes reveals that for the long term loan, commercial banks were to be approached and for raising funds through non-slr bonds, arrangers were to be involved. ..... the option of raising non-slr bonds was also dropped.8 ..... the option of non- slr bonds was dropped, but loan arrangers were retained ..... (b) loan arranger was introduced on the pretext of raising loan through non-slr bonds. ..... in the present case, the board had decided not to go for non- slr bonds. ..... securities or floating of issue of slr, non-slr bonds. ..... investment bankers or merchant bankers are roped in as arrangers to the issue of slr bonds or non slr bonds. ..... the arrangers were to be approached for raising non-slr bonds of rs. ..... non mobilization of funds directly from the banks resulted in avoidable payment of arrangers fee of rs .....

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Dec 21 1995 (HC)

M/S. Gammon India Limited Vs. Punjab State Electricity Board and Other ...

Court : Punjab and Haryana

Reported in : AIR1997P& H43; (1997)115PLR309

..... the change in the stage billing schedule was not only to affect the schedule of completion but also the cash flow which in turn could have resulted in heavy financial loss, the petitioner company requested for the issuance of the detailed purchase order so that it could examine as to how far it was possible to meet their subsequent ..... the stage billing schedule not only affected the schedule of completion but also the cash flow which, in turn, could have resulted in heavy financial loss, the petitioner requested for the issuance of the detailed purchase order so that it could examine as to how far it was possible ..... relaxation in the eligibility criteria and, thus, the executive authority did not hold on vigorously to the standards by which it initially professed to act even in case of such non-adherence, it would be a question of factwhether the departure was arbitrarily made or that such departure or relaxation has resulted in unfair treatment or affection of some right of denial of some privilege'.25. ..... case of the petitioner that the tenders of the aforesaid two concerns were rejected on the point of technical viability and competence and, therefore, the price bids were opened with regard to three contenders which included, of ..... its technical viability and competence had never been rejected by the board and it had represented the board against its declining to open its price bid wherein it had pointed out, ..... itself on technical viability and competence. ..... technical viability or .....

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Jan 17 1997 (HC)

Dina Nath Vs. the Haryana Financial Corporation

Court : Punjab and Haryana

Reported in : (1997)116PLR148

..... it was lastly submitted by shri aggarwal that if none of his contentions prevailed on the mind of this court, some directions should be given to the corporation to see the viability if the penal interest imposed upon the petitioners and their partners can be waived, so that the petitioners may be in a position to discharge their obligation, if any.11. ..... hon'ble the supreme court was further pleased to lay down the following guidelines/directions which are necessary to be issued to be observed by the corporation while exercising powers under section 29 of the state financial corporation act:-'every endeavor should be made to make the unit viable and be put to working conditions. ..... thereafter the corporation exercising the powers under section 29/30 of the state financial corporation act, 1951 (for short 'the act') took over the possession of the rice mill on 27.11.1989. ..... the said firm applied for loan to the haryana financial corporation (for short 'the corporation') for setting up a rice shelter in village munak, district karnal. ..... the provisions of section 29 of the state financial corporation act saddle the corporation or the other officer concerned with in built duties, responsibilities and obligations towards the debtor in dealing with the property and entails him to act as a prudent and reasonable man ..... , air 1993 sc 935, wherein the hon'ble supreme court was pleased to issue certain guidelines while dealing with the cases of state financial corporation which advances loan. .....

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Jul 03 2000 (HC)

Bhoruka Power Corporation Ltd. Vs. State of Haryana and ors.

Court : Punjab and Haryana

Reported in : AIR2000P& H245; (2000)126PLR444

..... examined by the authorities of hareda in the light of clause 16 of the mou and an office note was prepared on 30-7-1999 suggesting the following steps :(a) copies of dpr be sent to the haryana irrigation department, hvpn and ministry of non-conventional energy sources department (mnes) government of india for their opinion/comments with regard to civil works and safety of canals and various electromechanical equipments : (b) the comments, if any, of irrigation department, hvpnl and mnes ..... governor of haryana constituted a high-powered committee (hpc) consisting of the chief secretary, haryana as chairman; secretary, finance department; secretary, local bodies department; secretary, power department; secretary, irrigation department as members and secretary, non-conventional energy sources department as member convener to consider the report of technical appraisal committee (tac), short-list and prioritise the investment proposals received in the area of micro/small hydro, biomass and waste to energy ..... 2-1-1994 - 1mip, dated 31-7-1996, the government issued notification dated 8-1-1998 outlining the fiscal and financial incentives for generation of power through non-conventional energy sources (solar, wind, mini-small hydro, blomass co-generation, waste recycling) in haryana ..... state electricity regulatory commission will be created to regulate the operation of the power utilities with the primary objective of ensuring the long term viability of the sector for the benefit of consumers. .....

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May 30 2012 (HC)

Jagdish Singh and Others Vs. Sh. Manvesh Singh Sidhu and Others

Court : Punjab and Haryana

..... realization of these claims is merely suspended and/or kept in abeyance for the time being till the corporation re-gains financial viability; ix) some of the retirees/employees are aggrieved by the deductions made from their retiral benefits or otherwise on ..... however, if the claims are found to have been rejected mechanically to cause harassment to the retirees, the corporation shall be liable to compensate them with exemplary costs and interest @ 12% per annum; v) keeping the financial constraints of the corporation in view, the award of interest, to the petitioner(s) is kept in abeyance; vi) it is, however, directed that the failure of the corporation to adhere to the above-mentioned schedule shall ..... specific directions said to have been willfully breached by the respondents, it is not out of place to mention that the respondent-corporation due to precarious financial condition was unable to discharge its legal obligation towards payment of retiral benefits to its retirees who had to earlier approach this court in a group ..... 9] the managing director of the corporation, keeping in view the poor financial condition, has expressed inability to commute the pension of the retirees and has prayed to extend the time for such commutation upto 31.12.2012 though has given an ..... and lodge complaint against non-payment of the retiral benefits within the time fixed above; vi) if an individual claim of a retiree has not been settled so far, liberty is granted to him to submit a representation to .....

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Apr 18 1998 (HC)

Rishabh Agro Industries Ltd. Vs. Pnb Capital Services Ltd.

Court : Punjab and Haryana

Reported in : [2000]101CompCas245(P& H)

..... 26 of 1997 and the grant of stay by the division bench of the high court, the board of directors of the appellant-company passed a resolution to make reference to the board for industrial and financial reconstruction (hereinafter described as 'bifr') under section 15(1) of 1985 act to declare the appellant a sick undertaking. ..... he argued that in view of the prohibitive language used in section 22(1) of the act of 1985, which also contains a non obstante clause, the hearing of the company appeal must be adjourned sine die till the decision of the petition filed by the appellant before the bifr. ..... accordingly, it appointed the idbi as the operating agency to examine and prepare a viability study report. 6. .....

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Sep 05 1995 (HC)

In Re: Punjab Maize Products Ltd. (In Liquidation)

Court : Punjab and Haryana

Reported in : [1998]94CompCas757(P& H); (1995)111PLR460

..... interest, and the circumstances necessitating the proposed arrangement, the objects to be achieved by the said arrangement, the effect of it on the material interest of creditors, debentureholders, trustees of the debentureholders, the justness of the scheme, the latest financial position of the company, the pendency of any investigating proceedings, smooth and satisfactory working of the scheme, violation of any law or deposits, etc. ..... it is well-established that the court has to address itself before approval of a scheme of revival to the feasibility and viability of the scheme, the bona fides of the applicants and the application, the solvency of the applicants, ensure that scheme is not a cloak or a device to cover the misdeeds of promoters or shareholders, compunction of commercial morality, public interest, ..... the memo of understanding dated march 15, 1991, with financial institutions and secured creditors as permitted by the high court, for repayment of secured loans with bank guarantee by standard and chartered bank was ..... notice was served on the industrial and financial institutions, as well as on the public at ..... it got a sanction of financial institutions like idbi, ifci, oriental insurance company and canara ..... , investment made by the non-resident indians, company based in foreign country, welfare of labour, change of raw material for the plant as well as change in plant brought, substantial/large number of creditors, secured and unsecured for substantial amount supported .....

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Jan 15 2008 (HC)

Triveni Yarns Limited Vs. Punjab Financial Corporation and ors.

Court : Punjab and Haryana

Reported in : (2008)2PLR286

..... the petitioner by filing separate replies, stating therein that the writ petition for quashing notice under section 13(2) of the act is not maintainable and the respondents who are secured creditors, who have granted financial assistance to the borrower and has created such interest, has the right to enforce such security for repayment of the loan amount without the intervention of the court subject to the provisions contained in the ..... the determination of the measures which shall be adopted with respect to the company:[provided further that no reference shall be made to the board for industrial and financial reconstruction after the commencement of the securitization and reconstruction of financial assets and enforcement of security interest act, 2002, where financial assets have been acquired by any securitization company or reconstruction company under sub-section (1) of section 5 of that act:provided also that on or after the commencement ..... he has further stated that the respondents have failed to communicate the reasons for non-acceptance of the objections filed by the petitioner within a period of one week on the receipt of objection and, therefore, the respondents are further precluded from taking any action against the petitioner under section 13(4) ..... thereafter, vide order dated 28.11.2005 (annexure p-10) the petitioner-company was declared as sick industrial company and, therefore, in order to explore the viability of its rehabilitation bifr had appointed respondent no. .....

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Jul 21 1997 (HC)

Bhartia Electric Steel Co. Ltd. Vs. State of Haryana Thorugh Financial ...

Court : Punjab and Haryana

Reported in : (1997)117PLR285

..... the government had already found on two occasions that the reasons given by the petitioner were genuine and adequate, the permission could not have been refused on the tenuous ground that the financial situation of the company being good, it should continue to suffer losses till all the three units have to be closed down. ..... the pleas of financial losses, non-cooperation of the employees and lack of orders have been ..... was inter alias alleged that the ground of continuing financial losses taken by the petitioner was not tenable. ..... the matter is remitted to the financial commissioner-cum-secretary, labour and employment department, haryana (the state) for re-decision of the application filed by the company for closure of the unit at faridabad, with the further direction to consider all the ..... account of the reduction of orders from the indian railways and the ministry of defence, the faulty electric supply and the non-cooperative attitude of the labour, it was suffering losses for several years. ..... the sound financial position of the company was no ground to force it to continue running the unit at . ..... kaushik, financial commissioner and secretary to government, haryana labour and employment departments, an efforts has been made to support the order on the basis of the reasons given therein ..... and identify what are the products which can catch the market and should modernise their plant and machinery and upgrade their technology to manufacture such products which can ensure them viability. .....

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