M/S Super Polyfabriks Limited v. Union Of India & ANR

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 513/2016 M/S SUPER POLYFABRIK LIMITED ..... Petitioner Represented by:

Mr.Vijay Nair, Mr.Rahul Malhotra, Advs.

versus UNION OF INDIA & ANR ..... Respondent Represented by:

Mr.Manish Mohan, CGSC for UOI with Mr.Shivam Chanana, Adv. for R-1/BIFR.

CORAM:

HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 21.01.2016 1.

The doctrine of necessity comes into play in the instant case. 2.

The problem which the writ petitioner is facing as per pleadings in the writ petition is because as per Section 12(2) of Sick Industrial Companies (Special Provisions) Act, 1985 (SICA) not less than 2 members must comprise the Bench hearing matters pending before the Board. As of today there is only one member left on the Board of Industrial and Financial Reconstruction.

3.

For said reason the Registrar of BIFR informed the writ petitioner that an application filed praying for urgent hearing could not be listed before the Bench of BIFR. We note that Miscellaneous Application is 481/2015. The writ petitioner seeks urgent orders in the application concerning a one time settlement with respect to PSIDC.

W.P.(C) 513/2016

4.

The only remedy available for the writ petitioner would therefore be a request to the appellate authority i.e. AAIFR. 5.

Vide impugned order dated December 21, 2015 AAIFR has taken a view that under Section 25(1) of SICA an appeal can be filed only if there is an order passed by BIFR.

6.

The doctrine of necessity warranted in the instant case AAIFR to have considered the request made in the Appeal No.100/2015. The reason is obvious. If the fora of original jurisdiction is not able to be constituted for some reason, the appellate fora would fill the void. We dispose of the writ petition setting aside the order dated December 21, 2015. Appeal No.100/2015 is held to be maintainable before AAIFR. 7.

Annexing with the application a copy of the present order, the Registrar of AAIFR shall list the appeal before AAIFR. 8.

No cost.

PRADEEP NANDRAJOG, J.

MUKTA GUPTA, J.

JANUARY 21, 2016 'ga'

W.P.(C) 513/2016