The High Court of Delhi disposed of a writ petition challenging a SICA order directing de-registration of a company. The Court held the petition became infructuous as the SICA was repealed, dissolving the BIFR and the Appellate Authority, rendering sections 33 and 34 unapplicable. The matter was disposed without further orders.
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.
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| M/S AKSHYA TEXTILES L | TD. AND ORS. | .... Respondents |
|---|---|---|
| Through | Ms. Maneesha | Dhir & Ms. Saloni |
| Chowdhry, Adv | ocates for respondent | |
| No. 1. | ||
| Mr. Bhupender | Singh, Advocate for | |
| Mr. Brijesh Ku | mar Tamber, Advocate | |
| for respondent | No. 2. |
CORAM: HON'BLE MS. JUSTICE INDIRA BANERJEE HON'BLE MR. JUSTICE ANIL KUMAR CHAWLA
ORDER 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
W.P. (C) 4479/2016 Page 1 of 2
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
of 2
W.P. (C) 4479/2016 Page 3 of 2
2 issues framed by the court
Whether a writ petition challenging a SICA order became infructuous due to the repeal of SICA by the SICA Repeal Act, 2003?
Whether the petitioner is entitled to a remand of the matter pursuant to Sections 33 and 34 of SICA in light of the BIFR's dissolution?
3 provisions across 2 enactments
S.N. Santosh Kumar
M/S Akshya Textiles Ltd.
Indira Banerjee
Anil Kumar Chawla
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
