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2019 Supreme(Ker) 348

P.SOMARAJAN
Steel Complex Limited – Appellant
Versus
K. G. Subramania Iyer – Respondent


Advocates Appeared:
For the Appellant : Sri.M.Pathrose Matthai (Sr.), Sri.G.Unnikrishnan, Sri.Saji Varghese, Smt.Mariam Mathai, Advs.
For the Respondent: Sri.P.A.Harish, Sri.V.V.Surendran, Advs.

JUDGMENT :

The defendant came up with this appeal, against decree and judgment of the Trial Court and the First Appellate Court granting a decree for recovery of an amount of Rs.93,624/- being the salary arrears commencing from July,1993 to February 1994 due to the plaintiff.

2. The dispute is with respect to the application of Section 22 of the Sick Industrial Companies (Special Provisions) Act, 1985 (for short SICA, 1985) and the bar of jurisdiction in dealing with the matter by a Civil Court.

3. Admittedly the suit was brought up for recovery of arrears of salary. There is concurrent finding by both the courts below regarding the amount due by way of salary and no sufficient reason brought to the notice of this court to interfere with the said finding on fact.

4. Ext.B5 is the scheme constituted under Section 17 of the SICA,1985, by which the bar under Section 22 came into effect as on the date of suit. It was submitted by the respondent that the company was revived during the pendency of second appeal and thereby the company was brought out of the scheme under Section 17 and the bar under Section 22 of the SICA, 1985. Hence the decree of both the Trial Court and the First Appellate

































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