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RAMESH SINHA, NARESH KUMAR CHANDRAVANSHI
Prakash Industries Ltd. – Appellant
Versus
State of Chhattisgarh Through The Secretary, Department of Energy – Respondent
JUDGMENT :
Ramesh Sinha, J.
1. Challenge in this appeal is to the order dated 12.01.2022 passed by the learned Single Judge in WPC No. 2432 of 2007 whereby the writ petition seeking quashing of the memo dated 29.12.2003 which was further issued on 22.01.2007, was dismissed.
2. The facts, in brief, as projected by the appellant/writ petitioner is that the petitioner is an establishment engaged in the manufacturing of steel and is a company registered under the Indian Companies Act in the year 1998. The appellant/writ petitioner establishment was declared as a sick industry under the provisions of the Sick Industries Companies (Special Provisions) Act, 1985 (for short, SICA 1985). The appellant at the time of establishment of its manufacturing unit was entitled for exemption for payment of electricity duty for the initial period of five years. Thereafter, the appellant establishment was liable to pay electricity duty. Accordingly, vide order dated 29.12.2003 (Annexure P-6) a demand was raised by the respondents for payment of electricity duty. Meanwhile, the appellant establishment was declared sick vide order dated 10. 06.1998 by the Board for Industrial and Financial Reconstruction (f
The Sick Industrial Companies (Special Provisions) Act, 1985 prevails over prior agreements, enforcing conditions under Section 25F for retrenchment, thus nullifying conflicting claims based on earli....
The scheme sanctioned by the State Government under the SICA has over-riding effect, and a court executing a decree cannot go behind the decree.
The order of the BIFR is appealable under section 25 of SICA and the writ application is not entertainable. The jurisdiction of the BIFR to give direction to the Authority providing services to the S....
1. In respect of a sick industrial company, even if it be a subsidiary of a government company, there is no legal obligation cast upon the State Government to pay the wages due to the workmen. There ....
Section 3(B)(b) of Act enables levy of electricity duty upon cancellation of exemption.
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