Petitioner sought writ to set aside BIFR order. Court held an efficacious statutory appeal remedy exists under Section 25 of the Sick Industrial Companies Act. Consequently, the writ petition was dismissed.
Writ petition dismissed with liberty to approach the statutory appellate forum.
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.
THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY
WRIT PETITION No.29501 of 2013
06.11.2013
Between:
S.R.P.M. Mazdoor Sangh, Kurnool
…Petitioner
And
The Board for Industrial and Financial Reconstruction, New Delhi and others
…Respondents
Counsel for the petitioner: Sri Parsa Ananth Nageswar Rao
Counsel for respondents: --
The Court made the following:
ORDER:
This writ petition is filed for a mandamus to set aside the order in Case No.100/1989 dated 04.01.2011 of respondent No.1.
At the hearing, Sri Parsa Ananth Nageswar Rao, learned counsel for the petitioner, has conceded that against the order impugned in this writ petition, his client has a remedy of a statutory appeal under Section 25 of the Sick Industrial Companies (Special Provisions) Act, 1985.
In view of the availability of the aforesaid alternative remedy, which in the opinion of this Court is efficacious, this Court is not inclined to entertain the writ petition for adjudication on merits.
Accordingly, the Writ Petition is dismissed with liberty to the petitioner to avail the remedy of appeal.
As a sequel to dismissal of the writ petition, W.P.M.P.No.36652 of 2013 filed by the petitioner for interim relief shall stand disposed of as infructuous.
__________________________ (C.V.NAGARJUNA REDDY, J)
06th November, 2013 GHN
1 issue framed by the court
Whether a writ petition should be entertained when an alternate statutory remedy under Section 25 of the Sick Industrial Companies Act is available.
1 provisions across 1 enactments
S.R.P.M. Mazdoor Sangh, Kurnool
The Board for Industrial and Financial Reconstruction, New Delhi
C.V. Nagarjuna Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
