Full Text
Translation output
W.P. (C) 4479/2016
HIGH COURT OF DELHI
Date of Decision: 15th December, 2016
HIGH COURT OF DELHI
Date of Decision: 15th December, 2016
W.P. (C) 4479/2016
S.N. SANTOSH KUMAR ..... Petitioner
Through Ms. Meera Kaur Patel, Advocate.
S.N. SANTOSH KUMAR ..... Petitioner
Through Ms. Meera Kaur Patel, Advocate.
VERSUS
M/S AKSHYA TEXTILES LTD. AND ORS. .... Respondents
Through Ms. Maneesha Dhir & Ms. Saloni Chowdhry, Advocates for respondent
No. 1.
Mr. Bhupender Singh, Advocate for Mr. Brijesh Kumar Tamber, Advocate for respondent No. 2.
Through Ms. Maneesha Dhir & Ms. Saloni Chowdhry, Advocates for respondent
No. 1.
Mr. Bhupender Singh, Advocate for Mr. Brijesh Kumar Tamber, Advocate for respondent No. 2.
CORAM:
HON'BLE MS. JUSTICE INDIRA BANERJEE
HON'BLE MR. JUSTICE ANIL KUMAR CHAWLA
15.12.2016 INDIRA BANERJEE, J (ORAL)
In this writ petition, the writ petitioner has challenged an order dated
30th September, 2014 of the Board for Industrial and Financial
Reconstruction constituted under the Sick Industrial Companies (Special
Provisions) Act, 1986, hereinafter referred to as the SICA and an order dated
8th January 2016 passed by the Appellate Authority for Industrial Financial
Reconstruction dismissing an appeal from the said order.
By the order impugned, the BIFR found that the company was no longer sick and directed de-registration of the company from the BIFR. The
2016:DHC:8018-DB petitioner has sought remand of the matter for action under Sections 33 and
34 of SICA. However, in the meanwhile, notification No. S.O. 3568(E) dated 25.11.2016 has been issued whereby the Sick Industrial Companies
(Special Provisions) Repeal Act, 2003 has been enforced. By reason of repeal of SICA, the BIFR and the Appellate Authority stand dissolved.
The writ petition has therefore, become infructuous and the same is disposed of.
INDIRA BANERJEE, J ANIL KUMAR CHAWLA, J DECEMBER 15, 2016 gm
HON'BLE MR. JUSTICE ANIL KUMAR CHAWLA
15.12.2016 INDIRA BANERJEE, J (ORAL)
In this writ petition, the writ petitioner has challenged an order dated
30th September, 2014 of the Board for Industrial and Financial
Reconstruction constituted under the Sick Industrial Companies (Special
Provisions) Act, 1986, hereinafter referred to as the SICA and an order dated
8th January 2016 passed by the Appellate Authority for Industrial Financial
Reconstruction dismissing an appeal from the said order.
By the order impugned, the BIFR found that the company was no longer sick and directed de-registration of the company from the BIFR. The
2016:DHC:8018-DB petitioner has sought remand of the matter for action under Sections 33 and
34 of SICA. However, in the meanwhile, notification No. S.O. 3568(E) dated 25.11.2016 has been issued whereby the Sick Industrial Companies
(Special Provisions) Repeal Act, 2003 has been enforced. By reason of repeal of SICA, the BIFR and the Appellate Authority stand dissolved.
The writ petition has therefore, become infructuous and the same is disposed of.
INDIRA BANERJEE, J ANIL KUMAR CHAWLA, J DECEMBER 15, 2016 gm
JUDGMENT