Judgment Search Results Home > Cases Phrase: sick industrial companies special provisions act 1985 section 5 constitution of appellate authority Page 100 of about 27,383 results (0.507 seconds)

Ranga Reddy Associates Vs. K. Shapoor Chenai and ors.

Court : Andhra Pradesh

Reported in : 2004(4)ALD564

..... 2scr999 , in support of his contention that suspension of legal proceedings against a sick industrial company under section 22(1) of the sick industrial companies (special provisions) act does not cover a proceedings instituted by a landlord of a sick industrial company for the eviction of the company from premises let out to it. hence, merely because the proceedings against ..... enforceable. the learned counsel further contends that a suit for eviction is maintainable against the first defendant as per section 22 of the sick industrial companies (special provisions) act, 1985. the learned counsel has also advanced his arguments that the compromise can be entered into in a suit for eviction ..... void in the eye of law. further, it has been contended that the first defendant has been declared as 'sick company' as defined under section 3(o) of the sick industrial companies (special provisions) act, 1985 and as such any transfer of the land in occupation of the first defendant without permission .....

Dewan Sugars Ltd. Vs. Central Govt. Through Secretary, Finance

Court : Allahabad

Reported in : AIR2009All2

..... was with respect to invocation of unconditional bank guarantee. the court held that mere fact of the pendency of a reference against a party under the sick industrial companies (special provisions act, was not sufficient to grant an injunction against the invocation of a bank guarantee.24. thus, as can be seen the fact-situation ..... -2008 and the other on 30-6-2008. it is submitted that these coercive measures be injuncted in view of the provisions of section 22 of the sick industrial companies (special provisions) act, 1985.15. mr. agarwal, learned senior advocate, appearing for the petitioner, relied upon the judgment of the apex court in deputy commercial ..... arrived at between the parties.14. lastly, the submission of the petitioner is that a reference has been registered under the sick industrial companies (special provision) act, 1985, for revival of the petitioner company. the same is registered on 3-2-2005. a draft rehabilitation scheme has been framed on 21st april, 2006 and operating .....

State Textile Corporation Vs. Sanyukt Sangharsh Samiti and ors.

Court : Madhya Pradesh

Reported in : [2000(84)FLR416]; (2000)IILLJ73MP

..... the appellant was wholly without jurisdiction.4. in reply the submission of the learned counsel for respondents is that the provisions of section 22 of the sick industrial companies (special provisions) act, 1985 shall not be applicable on the wages payable to the employees. he cited a decision of this court in case of allwyn ..... court-cum-authority under the payment of wages act is within jurisdiction and more so the provisions of sections 22(1) and 22(3) of the sick industrial companies (special provisions) act, 1985 are not applicable on the wages payable to the employees, and in reply the respondents have also raised preliminary objections about the ..... sought by respondents no. 1, 2 and 3 from bifr and the order dated march 22, 1999 passed by the authority without prior approval under the sick industrial companies (special provisions) act, 1985, is illegal and also without jurisdiction. 2. in reply the submission of the learned, counsel for the respondents is that there is .....

Bavji Vira Solanki Vs. Rajkot Spg. and Wvg. Mills

Court : Gujarat

Reported in : (2003)4GLR325

..... to be not maintainable.'19. ms. vaibhavi nanavati has further submitted that national textile corporation (gujarat) limited has been declared sick industrial undertaking under the provisions of the sick industrial companies (special provisions) act, 1985 and the case of the corporation is registered as case no. psu(c) 535/1992 with the board for ..... industrial and financial reconstruction. the reference made to the said board under section 16 of the act is pending. in view ..... come forward with the case that its proceedings are pending before the board for industrial and financial reconstruction and hence in view of the provisions contained in section 22(1) of the sick industries (special provisions) act, 1985, no proceedings against the sick company would either lie or be proceeded with. even on this ground, the .....

Yashdeep Trexim Vs. Board for Industrial and Financial Reconstruction ...

Court : Kolkata Appellate

..... end of any financial year accumulated losses equal to or exceeding its entire net worth. explanation.-for the removal of doubts, it is hereby declared that an industrial company existing immediately before the commencement of the sick industrial companies (special provisions) amendment act, 1993, registered for not less than five years and having at the end of any financial year accumulated losses equal to or exceeding ..... its entire net worth, shall be deemed to be a sick industrial company; 15. reference to board.-(1) where an industrial company has become a sick industrial company, the board of directors of the company, shall, within sixty days .....

Alcatel-lucent India Ltd. Vs. Usha India Ltd.

Court : Delhi

..... or presumed to be suspended. the nature of proceedings which automatically attract the provisions of the suspension are:- * winding-up of the industrial company. * proceedings for execution of distress against the properties of sick industrial company. * proceedings for the appointment of receiver. the sick industrial companies (special provisions) amendment act, 1993 has brought the following proceedings also within the purview of the provisions of section 22(1): * suit for ..... sole motive of delaying and defeating the rights of its creditors. usha has been filing repeated references before the bifr and getting for itself protection of the provisions of the sick industrial companies (special provisions) act, 1985 which it is otherwise not entitled to. to highlight the purported mala fides and abuse on the part of the usha, the petitioner traced the following events .....

Coimbatore Popular Spinning Mills Ltd. Vs. Hindustan Textile Spares

Court : Chennai

..... this court.8. the point for consideration in these civil revision petitions is as to whether or not the petitioners are protected under section22(1) of the sick industrial companies (special provisions) act, 1985 as against the decree for recovery of money passed by a competent civil court.9. the relevant dates are as follows:- the petitioners ..... .2006 and the respondent obtained the decree even before the said cut-off date, the petitioners are not entitled to the benefit under section 22 of the sick industrial companies (special provisions) act 1985.6. though notice was served on the respondent in these two civil revision petitions, they have not chosen to appear before this court ..... .a.no. 211 of 2009 in e.p.no. 197 of 2008 whereby the application filed under section 151 cpc read with section 22 of the sick industrial companies (special provisions act) seeking for stay of further proceedings was also rejected by the court below.2. the short facts that are required for consideration in this .....

Mukesh Jha Vs. Union of India and ors.

Court : Delhi

..... during the preceding four years or the cpse is a sick company under sick industrial companies (special provisions) act, 1985. as per section 3(1)(o) of the sick industrial companies (special provisions) act, 1985, a company would be considered a sick company if its accumulated losses exceed the net worth of the company. in the present case, the respondent company has been a profit making company since past several years. the final accounts of the ..... accumulated losses in any financial year equal to 50% or more of its average net worth during four years immediately preceding such financial year and/or a company which is a sick company within the meaning of sick industrial companies (special provisions) act, 1985 (sica). (b) other loss making cpses may be considered by the board either suo moto or upon reference by the administrative ministry, if .....

Kashipur Sugar Mills Ltd. Vs. State of Uttarakhand and Others

Court : Uttaranchal

..... in both the writ petitions is kashipur sugar mills limited. it is a sugar company which is presently in board for industrial and financial reconstruction (hereinafter referred to as bifr ) under the purview of sick industrial companies (special provisions) act, 1985 (hereinafter referred to as sica ). meanwhile, the operation, particularly ..... the production of sugar in the factory continues. the company was supplied sugarcane by the farmers and sugarcane cultivators in uttarakhand. ..... assurances of property, agreements, settlements, awards, standing orders or other instruments in force, to which such sick industrial company is a party or which may be applicable to such sick industrial company immediately before the date of such order, shall remain suspended or that all or any of the rights, .....

M/S Atv Projects (India) Ltd vs.union of India & Ors.

Court : Delhi

..... namely:-" provided also that any scheme sanctioned under sub-section (4) or any scheme under implementation under sub-section (12) of section 18 of the sick industrial companies (special provisions) act, 1985 shall be deemed to be an approved resolution plan under sub-section (1) of section 31 of the insolvency and bankruptcy code, 2016 ..... and bankruptcy code (removal of difficulties) order, 2017.2. in the insolvency and bankruptcy code, 2016, in the eighth schedule, relating to amendment to the sick industrial companies (special provisions) repeal act, 2003, in section 4, in clause (b), after the second w.p.(c) 4340/2017 page 6 of 17 the following provisos ..... pvt. ltd. has filed the present writ petition challenging the constitutional validity of w.p.(c) 4340/2017 page 1 of 17 section 4(b) of the sick industrial companies (special provisions) repeal act, 2003 (hereinafter repeal act ). this court had the occasion to deal with a similar challenge 2. to various provisions of the insolvency .....