A single bench order where the High Court of Delhi stayed civil proceedings against a company declared a sick industrial company under SICA, pending BIFR consent or conclusion of SICA proceedings.
Petition and pending applications disposed of with liberty to revive upon obtaining BIFR consent or conclusion of SICA proceedings.
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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* IN THE HIGH COURT OF DELHI AT NEW DELHI
RAMESHWAR DASS BANSAL ..... Petitioner Through: Mr. Surender Pal, proxy counsel for Mr. R.K. Singla, Advocate
versus
PASONDIA CABLES PRIVATE LIMITED ..... Respondent Through: Mr. Rajiv Kumar Thakur, Advocate
CORAM: HON'BLE MR. JUSTICE RAJIV SHAKDHER O R D E R
% 20.01.2016
The learned counsel for the respondent has brought to court a copy of the order dated 08.10.2015, passed by the Board for Industrial and Financial Reconstruction (in short the BIFR), in case no. 4/2015, in the matter concerning the respondent company.
A perusal of the said order shows that the respondent company has been declared a sick industrial company within the meaning of Section 3(1)(O) of SICA. In view of the said circumstance obtaining, in my opinion, the present proceedings cannot continue any further.
The captioned petition and the pending applications are, accordingly, disposed of, with liberty to the petitioner to revive the same, in case he obtains the necessary consent of the BIFR to continue with the instant proceedings or, at a stage when, the proceedings under the SICA stand concluded.
The captioned petition and the pending applications will accordingly, be consigned to record till then.
CO.PET. 5/2014
page 1 of 2
The Registry will scan and upload the order dated 08.10.2015, passed by the BIFR, in Case no.4/2015, in the matter concerning the respondent company.
RAJIV SHAKDHER, J JANUARY 20, 2016 yg CO.PET. 5/2014 page 2 of 2
1 issue framed by the court
Whether a civil proceeding can continue against a company declared a sick industrial company under SICA.
1 provisions across 1 enactments
RAMESHWAR DASS BANSAL
PASONDIA CABLES PRIVATE LIMITED
RAJIV SHAKDHER
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
