RAJIV SHAKDHER, SANJAY KISHAN KAUL
Lords Chloro Alkali Limited – Appellant
Versus
Bharat Heavy Electricals Limited – Respondent
Sanjay Kishan Kaul, J.
1. The present writ petition raises the following question of law:
Whether a Public Sector Enterprise/Undertaking (for short "PSU?) having dues outstanding in respect of a commercial transaction from a sick company within the meaning of The Sick Industrial Companies (Special Provisions) Act, 1985 (hereinafter referred to as "the SICA?) falls within the definition of "other authority" for purposes of Section 19(1) of the SICA and is entitled to the benefit of Sub-section (2) of Section 19 of the SICA of circulation of the scheme and entitlement to obtain its consent?
2. Respondent No. 1 Company supplied one unit of 12KA, 360V DC 6 Pulse Tyristor Converter System to the Petitioner Company against a purchase order dated 10.4.1996 for a plant at Alwar. Only some part payments were made when the net worth of the Petitioner Company was wiped out and, thus, proceedings were initiated by the Petitioner Company under the SICA for being declared as a sick company. These proceedings resulted in examination of a scheme for revival of the Petitioner Company and the final approved scheme in terms of the order dated 30.11.2006 of the BIFR envisaged settlement of dues o
Pradeep Kumar Biswas v. Indian Institute of Chemical Biology and Ors. (2002) 5 SCC 111
Sukhdev Singh v. Bhagatram Sardar Singh Raghuvanshi (1975) 1 SCC 421
Ajay Hasia v. Khalid Mujib Sehravardi (1981) 1 SCC 722
Life Insurance Corporation of India v. Escorts Limited and Ors. (1986) 1 SCC 264
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