The Court noted the Respondent Company was declared sick under B.I.F.R. rules. Holding that nothing survives for consideration in the present petition, it dismissed the petition and directed the Petitioners to pursue other remedies for recovery of dues.
Petition dismissed; Petitioners directed to pursue other remedies for recovery of dues.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
FARAD CONTINUATION SHEET
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
COMPANY PETITION NO.818 OF 2001
WITH
COMPANY PETITION NO.911 OF 2001
-----------------------------------------------------------------------
Office Notes, Office Memoranda
of Coram, appearances, Court’s Court’s or Judge’s orders
orders or directions and
Prothonotary’s orders
-----------------------------------------------------------------------
Ms.Pooja Basu i/b Paras Kuhad &
Associates for Petitioners.
Mr.T.N.Tripathi for Respondents.
......
CORAM: A.M.KHANWILKAR, J.
NOVEMBER 23, 2007.
P.C.
1. As per the latest report made
available on the website of B.I.F.R.,
it is noticed that the Respondent
Company has already been declared as
sick Company. Even the affidavit
filed on behalf of the Respondent
: 2 :
Company dated 24th January 2007
reiterates that position.
2. As the Company has already been
declared as sick Company, nothing
survives for consideration in the
present Petition. The Petitioners may
be free to pursue such other remedy
for recovery of their dues as may be
permissible by law. Disposed off on
the above terms.
A.M.KHANWILKAR, J.
1 issue framed by the court
Whether a petition for recovery of dues is maintainable where the respondent company has already been declared a sick company.
Petitioners
Respondent Company
A.M.KHANWILKAR
J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court