Calcutta High Court
Prysmian Cavi E Sistemi S.R.L vs Nicco Corporation Limited on 2 July, 2015
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
O-1742
AP No.388 of 2012
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
PRYSMIAN CAVI E SISTEMI S.R.L
-Versus-
NICCO CORPORATION LIMITED
Appearance:
Mr. Utsav Mukherjee, Adv.
...for the petitioner.
BEFORE:
The Hon'ble JUSTICE SANJIB BANERJEE
Date : July 2, 2015.
The Court : This petition for enforcement of a foreign award has been
adjourned on several occasions since May, 2012. However, it may not have been
brought to the notice of this Court prior to today that the reference pertaining to
the respondent under the Sick Industrial Companies (Special Provisions) Act,
1985 had been made in 2011, prior to the present petition being instituted.
Since the petitioner accepts that the relevant reference was made before the Board for Industrial and Financial Reconstruction prior to the present petition being filed, in view of Section 22(1) of the said Act of 1985, the petition was incompetent to begin with and cannot be pursued any further.
Accordingly, AP No. 388 of 2012 is dismissed as not maintainable without going into the merits of the petitioner's substantive claim therein or otherwise occasioning any prejudice to the petitioner. The petitioner will have 2 leave to apply afresh either upon obtaining the leave of the BIFR or pursue the petitioner's remedies in accordance with law at the appropriate stage.
There will be no order as to costs.
Urgent certified website copies of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(SANJIB BANERJEE, J.) sg.