S.N. Santosh Kumar vs M/S Akshya Textiles Ltd. And Ors.
2016 Latest Caselaw 7424 Del

$~9
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                     Date of decision:15th December, 2016

+     W.P. (C) 4479/2016
      S.N. SANTOSH KUMAR                               ..... Petitioner
                    Through           Ms. Meera Kaur Patel, Advocate.

                         versus

      M/S AKSHYA TEXTILES LTD. AND ORS.         .... Respondents
                   Through   Ms. Maneesha Dhir & Ms. Saloni
                             Chowdhry, Advocates for respondent
                             No. 1.
                             Mr. Bhupender Singh, Advocate for
                             Mr. Brijesh Kumar 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

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