( 1 ) THIS writ petition is made by the petitioner company virtually for the purpose of restraining the respondents from proceeding with the criminal case being M624 pending before the respondent No. 3 and withdraw, recall and rescind the certificate and/or the criminal proceeding and order passed therein amongst other prayers which are virtually connected therein.

( 2 ) THE petitioner contended that the company is now constituted under Bengal immunity Company Limited (Acquisition and transfer of Undertakings) Act, 1984. By reason of the same right, title and interest of the erstwhile company stood transferred to and vest in the Central Government with effect from 1/10/1984. The nationalisation Act provides appointment of Commissioner of; payments for disbursing the claimed amounts against the erstwhile company. Such company is presently sick when an application being case No. 538 of 1992 is registered with BIFR (Board for Industrial and Financial; reconstruction ). On September 13, 2002 a review hearing was fixed by such Board on rehabilitation of sanctioned in 1985.

( 3 ) ACCORDING to the petitioner, the respondent No. 1 was initially appointed by the original