Court : Jharkhand
Reported in : [2008(3)JCR7(Jhr)]
..... the issue raised by the petitioner is that exclusion of small scale industrial unit from the definition of industrial undertaking under section 3(1)(f)(ii) of the sick industrial companies (special provisions) act, 1985 and failure of the legislature to enact any such provision, analogous to the provisions of section 22 of the sick industrial companies (special provisions) act, 1985 for the protection of sick small scale industries amounts to discrimination between the large and small scale industries and is, therefore, violative of article 14 of the constitution of india ..... the petitioner for declaring the provisions of section 3(1)(f)(ii) of the sick industrial companies (special provisions) act, 1985 as violative of article 14 of the constitution of india, does not therefore survive anymore since the very act and the provisions contained therein, stands repealed ..... filed by way of public interest litigation, petitioner has made the following prayers:(i) for issuance of an appropriate writ declaring the provisions of section 3(1)(f)(ii) of the sick industrial companies (special provisions) act, 1985 (hereinafter referred to as 'sica' as violation of article 14 of the constitution of india. ..... filed by the respondents, in which it is sought to be explained that the sick industrial companies (special provisions) act, 1985 was specially enacted for the purposes of rehabilitation of large and medium sick industrial undertakings, which were established after investing more than rs. .....
Tag this Judgment!Court : Jharkhand
Reported in : 2003(3)BLJR1892; [2003(3)JCR560(Jhr)]
..... regarding the plea that the demands in question may not be enforced as the petitioner company is entitled to protection under section 22 of the sick industrial companies (special provisions) act, 1985, the petitioner may move the appropriate authority in this regard as per law.in the facts and circumstances indicated above, we are not in a position to grant any relief to the petitioner. ..... these writ petitions by the eastern coalfields limited (hereinafter referred to as the 'company') challenge the certificate proceedings initiated under the bihar & orissa public demands recovery act for recovery of royalty allegedly payable by the company under section 9 of the mines and minerals (regulations and development) act, 1957 (hereinafter referred to as the development act). ..... admittedly, the petitioner company is extracting minerals from the mines made over to it by an order under section 5 of the coal mines (nationalisation) act on the vesting of the right of the mine owners on the union government under section 3 of the nationalisation act. ..... in view of these provisions the petitioner company was not justified in writing off the stock of coal on its own and deny the liability to pay royalty thereon. ..... in view of the relevant provisions referred to earlier and the binding judgments of supreme court, we overrule to the contentions of the petitioner company.7. ..... on the wording of the section, it appears to us that there is some merit in the argument raised on behalf of the company. .....
Tag this Judgment!Court : Jharkhand
Reported in : IV(2004)BC395; 2004(2)BLJR1342; [2004(2)JCR545(Jhr)]; [2005]63SCL167(Jhar)
..... essential challenge in these writ petitions is to the scheme for revival of the company to be examined by the board for industrial and financial reconstruction (bifr) admittedly, the company had invoked the sick industrial companies (special provisions) act, 1985 and it was referred to the bifr in the year, 1992. ..... if the petitioners have any grievance in terms of the industrial disputes act, it is for them to move the authority under the act. ..... of course, learned counsel for the respondent- company also relied on the decisions of the supreme court in federation of railway officers association and ors. ..... were, therefore, given notice under the voluntary separation scheme with an alternative of retrenching them in terms of the industrial disputes act. ..... scheme also contained a provision for their retirement or retrenchment ..... further stated that the manpower requirement of the company has been minutely evaluated and the employees selection was based on the required nature of the job, individual experience, capability and their expertise in the process of reconstructing of the company.7. ..... affidavits give details of the circumstances under which the company had gone before bifr and also clearly setting out that the whole exercise for identifying the surplus staff has been done by a duly constituted high power committee at unit level and their recommendations have been submitted for approval of a corporate level committee and finally to the chairman-cum-managing director of the company. .....
Tag this Judgment!Court : Jharkhand
Reported in : III(2006)BC326; [2005(4)JCR473(Jhr)]
..... was contested on behalf of the appellant company before the learned company judge mainly on account of the provisions of the sick industrial companies (special provisions) act, 1985 and in particular section 22 thereof.5. ..... learned advocate, reiterated the statements made before the learned single judge with regard to the express provisions of section 22 of the sick industrial companies (special provisions) act, 1985. mr. ..... consideration or a sanctioned scheme is under implementation or where an appeal under section 25 relating to an industrial company is pending, then, notwithstanding anything contained in the companies act, 1956 (1 of 1956), or any other law or the memorandum and articles of association of the industrial company or any other instrument having effect under the said act or other law, no proceedings for the winding up of the industrial company or for execution, distress or the like against any of the properties of the industrial company or for the appointment of a receiver in respect thereof and no suit ..... , as agreed by it earlier, we also cannot ignore and/or shut our eves to the provisions of section 22(1) of the 1985 act which prohibits the use of any coercive measure for recovery of any monetary dues during the pendency of a reference before ..... contended that having regard to the pendency of the appeal and the provisions of section 22 of the aforesaid act, the proceeding before the learned company judge for winding up of the appellant company was not maintainable. .....
Tag this Judgment!Court : Jharkhand
Reported in : [2005(3)JCR116(Jhr)]
..... admittedly, the petitioner company was declared to be a sick industry under the sick industrial companies (special provisions) act, 1985 (hereinafter referred to as '1985 act') and a scheme for rehabilitation was thereafter prepared and sanctioned and pursuant to such scheme, the tata iron and steel company limited is now functioning as promoter of the company. ..... the respondents are directed not to take any coercive measure for realising sales tax at the higher rate, having regard to the provisions of section 22 of the 1985 act and the scheme sanctioned thereunder. ..... to dispose of the petitioner's application for renewal of registration certificate under section 13(1)(b) of the bihar finance act, 1981, adopted by the state of jharkhand, within a period of one month from the date of communication of this order, after giving the duly authorised representative of the petitioner company an opportunity of being heard and producing relevant documents. ..... be that as it may, the main grievance of the petitioner is that although they had initially obtained registration certificate under section 13(1)(b) of the bihar finance act, 1981 and the same was renewed from time to time, its last application after sanction of the b.i.f.r. ..... debi pal, learned senior advocate, in support of the petitioner company has submitted that notwithstanding the condition imposed in paragraph 6.7 of the scheme, the company is regularly paying its current sales tax dues from the months of january, 2004 when it started .....
Tag this Judgment!Court : Jharkhand
Reported in : II(2006)BC183; [2005(4)JCR346(Jhr)]
..... after due publication of notice, the ranchi bench of the patna high court, by its order dated 7th august, 1999, directed that the company be wound up under section 20(1) of the sick industrial companies (special provisions) act, 1985. ..... allam submitted that the question relating to the jurisdiction of the debts recovery tribunal and the provisions of the companies act and, in particular, section 446 thereof, had also fallen for consideration of the hon'ble supreme court in andhra bank v. ..... canara bank, air 2000 sc 1535 in which it was held that at the stage of adjudication under section 17 and execution of the certificate under section 25, the provisions of the recovery of debts due to banks and financial institution act, 1993 confers exclusive jurisdiction in the tribunal and the recovery officer in respect of the debts payable to banks and financial institutions and there can be no interference by the company court under section 442 read with section 537 or under section 446 of the companies act, 1956. ..... the hon'ble supreme court went on further to hold that a proceeding under the aforesaid act cannot be stayed by the company court, nor can they be transferred to the company court and that upon application of the principles of purposive interpretation to the provisions of the aforesaid act, it was clear that a claim could be filed before the debts recovery tribunal under the 1993 act, without obtaining leave of the company court under section 446(1) of the companies act.16. mr. .....
Tag this Judgment!Court : Jharkhand
Reported in : II(2006)BC134; [2005(3)JCR251(Jhr)]
..... ), who vide order dated 8th march, 1996, sent its opinion under sub-section (1) of section 20 of the sick industrial companies (special provisions) act, 1985 to this court that it is just and equitable that the company, namely, kumardhubi metal casting and engineering limited, a sick industrial company, be wind up. ..... accordingly, this court by its order dated 17th august, 1999, passed in the present case, invoked power under sub-section (2) of section 20 of the sick industrial companies (special provisions) act, 1985 and ordered to wind up the company. ..... very matter is pending before the presiding officer, debts recovery tribunal, patna, and under law, the said tribunal has jurisdiction to decide all the issues, including the claim, as may be made under the companies act, 1956, it is better for the intervener to move before the said debts recovery tribunal, patna, for appropriate relief, as sought for in the present case, it is well within the jurisdiction of the presiding officer, debts recovery ..... in the said petition under section 391 read with section 394 of the companies act, 1956, the intervener m/s. ..... this company petition has been instituted at the instance of board for industrial and financial reconstruction (hereinafter to be referred as 'b.i.f.r. ..... 2 of 1997 and the consequential order, including issuance of certificate under sub-section (7) of section 19 of the act, 1993 was challenged before this court in c.w.j. c. no. .....
Tag this Judgment!Court : Jharkhand
Reported in : III(2006)BC31; [2005(3)JCR307(Jhr)]
..... , ranchi bench of patna high court, in exercise of power under sub-section (1) of section 20 of the sick industrial companies (special provisions) act, 1985 ordered to wind up the company by its order dated 17th august, 1999. ..... and 227 of the constitution, nevertheless, when there is an alternative remedy available, judicial prudence deems that the court refrains from exercising its jurisdiction under the said constitutional provisions.under the law, section 18 of the act, 1993 while bars jurisdiction of civil court and other courts, clearly exempts the bar of jurisdiction in the case of the high court, in exercising its power under ..... after a company is wind up, it is only the official liquidator who becomes the custodian of all the assets and properties of the company, which came into the custody of the court under section 456 of the companies act, 1956, read with rule 233 of the companies (court) rules, 1959 and in law and in fact, nobody else has the right to represent the company save and ..... officer allowed the petition, preferred by the 3rd respondent-bank of india, chirkunda branch, dhanbad (hereinafter to be referred as the 'bank') under section 19(4) of the recovery or debts due to banks and financial institutions act, 1993 (hereinafter to be referred as the 'act, 1993'), ex-parte with cost and interest pendente lite and future at the rate of 12% per annum until full and final realization of the ..... company court's jurisdiction under sections 442, 537 and 446 of the companies act .....
Tag this Judgment!Court : Jharkhand
Reported in : 2008(56)BLJR2749; [2008(4)JCR70(Jhr)]
..... recovering such damages, the employer shall be given a reasonable opportunity of being heard:provided further that the central board may reduce or waive the damages levied under this section in relation to an establishment which is a sick industrial company and in respect of which a scheme for rehabilitation has been sanctioned by the board for industrial and financial reconstruction established under section 4 of the sick industrial companies (special provisions) act, 1985 (1 of 1986), subject to such terms and conditions as may be specified in the scheme. 32. ..... the company became a seek unit within the meaning of cause o of sub-section (1) of section 3 of the sick industrial companies (special provision) act, 1985 in ..... of any contribution to the fund, the pension fund or the insurance fund or in the transfer of accumulations required to be transferred by him under sub-section (2) of section 15 or sub-section (5) of section 17 or in the payment of any charges payable under any other provision of this act or of any scheme or insurance scheme or under any of the conditions specified under section 17, the central provident fund commissioner or such other officer as may be authorised by the central government, by notification in the official gazette, in this ..... order dated 24th august, 2007 passed by the regional provident fund commissioner under the provisions of section 14(b) of the employees' provident funds and miscellaneous provisions act, 1952 (hereinafter to be called as 'e.p.f. .....
Tag this Judgment!Court : Jharkhand
Reported in : [2007(3)JCR590(Jhr)]
..... has been stated that there is no winding up of the company till date and therefore the provisions of the companies act as well as the sick industrial companies (special provisions) act, 1985 are not applicable in the instant case.4. ..... the petitioner's case is that the company set up an industrial unit at ranchi in 1986-87 for manufacturing plastic household items (buckets ..... said notice was served on the petitioners, but in spite of service of notice, the petitioners did not file any petition or objection under the provision of section 9 of the said act. ..... even thereafter no objection under section 9 of the said act was filed within the prescribed ..... to advance the need based term loan as a result of which the unit became financially sick as it could not operate at a reasonable level of its installed capacity and incurred heavy losses ..... view thereof, there was nothing to be determined under section 10 of the said act by the certificate officer. ..... certificate officer issued notice to the petitioners under section 7 of the bihar and orissa public demands recovery act, 1914 (hereinafter referred to as 'the said act'). ..... perusal of the order dated 20.11.2006 passed in the certificate case, it is evident that notice under section 7 of the bihar & orissa public demand recovery act was issued to the petitioners. ..... , commercial branch, ranchi, the company placed orders for importing the two additional moulding machines from hong ..... through its specified authority under section 32 (g) of the b.s.f.c .....
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