subject such as Sick Industrial Companies (Special Provisions) Act, 1985 (SICA), Recovery of Debts due to Banks and Financial Institutions Act, 1993 and Securities Contracts
Sick Industrial Companies (Special Provisions)
Act, 1985 (for short 'SICA') before the expiry of the period for payment of
the cheque amount ... interaction with the relevant provisions
of SICA. Since the relevant facts involved in all the cases are similar and
a common question of law arises
approval of BIFR as the company is now under the purview of
SICA.
(v) The company shall submit a copy of the clearance stated ... secured creditors are directed u/s 22(1) of SICA not
to take any coercive action against the company without prior
permission of BIFR
provisions of the Sick Industrial
Companies (Special provisions) Act, 1984 (SICA) vis-`-vis the Companies
Act, 1956 (1956 Act) is in question in this appeal ... rupees. There were
other secured and unsecured creditors also.
Proceedings under SICA
2
4. Respondent being unable to pay the dues made a reference
Sick Industrial Companies (Special
Provisions) Act, 1985 (referred to as SICA) is in issue in
these appeals. The Pradeshiya Industrial and Investment
Corporation ... Financial Reconstruction (BIFR) in
terms of Section 3(1)(o) of the SICA. The BIFR appointed IFCI
as the operating agency under Section
envisaged in the Sick
Industrial Companies (Special Provisions) Act, 1985 , ('SICA'
for short). They maintained the stand that when proceedings
are pending before ... When proceedings were pending before the BIFR
under Section 16 of the SICA a declaration was made by the
order passed by the BIFR
Sick Industrial Companies
(Special Provisions) Act, 1985 (hereafter
referred to as `SICA'), no recovery proceedings
could be effected against the first respondent-
Company ... Board
of Industrial Finance & Reconstruction (`BIFR'
for short) under SICA which was registered as
BIFR Case No. 4 of 2006. On February
Sick Industrial Companies (Special Provisions) Act, 1985
(hereafter referred to as `SICA') no recovery proceedings could be effected
against Respondent ... appellant.
9. On 21.12.05, the Company invoked the provisions of SICA. It filed a
Reference before the Board of Industrial Finance & Reconstruction (`BIFR
Sick
Industrial Companies (Special Provisions) Act, 1985 (for short, 'SICA').
Background Facts :
A sum of Rs.5,00,00,000 (Rupees five crores ... respondent in the meanwhile
made a reference under Section 15 of SICA to the Board for Industrial and
Financial Reconstruction (for short, 'the Board
Sick
Industrial Companies (Special Provisions) Act, 1985 (for short, 'SICA'). It
is not in dispute that virtually all its assets had been placed ... company in terms of sub-section (4) of
Section 20 of SICA and, thus, it was BIFR alone which could issue a
direction as regard