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High Court of DelhiW.P.(C)/1985/2016

M/S Shalimar Wires Industries Ltd. v. Board Of Industrial And Financial Reconstruction And ORS

2016-05-04Hon'Ble Mr. Justice Pradeep Nandrajog,Hon'Ble Ms. Justice Mukta Gupta2 pages

$~5 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 1985/2016 M/S SHALIMAR WIRES INDUSTRIES LTD.

..... Petitioner Represented by:

Ms.Maneesha Dhir, Advocate with Mr.L.P.Dhir, Ms.Varsha Banerjee, Ms.Divya Krishnan, Advocates versus BOARD OF INDUSTRIAL AND FINANCIAL RECONSTRUCTION AND ORS ..... Respondents Represented by:

Mr.Manish Mohan, Advocate with Mr.Shivam, Ms.Priyansha Sinha, Ms.Aanchal Athwani, Ms.Manish aSaroha, Advocates for R-1 Mr.Rajiv Kumar, Advocate for R-2 Mr.Sanjay Bhatt, Advocate with Mr.Abhishek Anand, Advocate for R-3 Mr.Sandeep Gupta, Advocate for R-4 Ms.Rama Ahluwalia, advocate for R-6

CORAM:

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

O R D E R

% 04.05.2016 1.

Pursuant to a notification dated April 18, 2016 nomination has been made of a member to BIFR and the problem of lack of quorum has now been overcome for the reason prior thereto there was only one member left W.P.(C) 1985/2016

on BIFR.

2.

Learned counsel for the petitioner states that when the writ petition was drafted it was on the assumption that nomination of the vacancy to BIFR had not been made but would hasten to add that both members of BIFR are holding additional charge and to the knowledge and information of the petitioner no sitting by the Board has taken place as yet. 3.

Since two members have been nominated to BIFR and there is quorum available we decline to entertain the present petition which has been filed invoking extraordinary writ jurisdiction of this Court on the ground that statutory forum available is not sitting due to lack of quorum. 4.

But, we simultaneously direct that BIFR should hold a meeting every day and at least for two hours.

Such matters which require urgent consideration should be taken up by BIR.

5.

Instant matter is of one such kind.

6.

On an application filed by the petitioner in the Registry of BIFR, MA No.231/2015 in BIFR case No.117/2004. Along with the MDRS the pleadings made by the parties in the writ petition be placed on record for purpose of adjudication of the matter.

7.

BIFR shall proceed to hear the matter and pass appropriate orders. 8.

Copy of this order be supplied dasti under signatures of the Court Master to learned counsel for the petitioner. 9.

No costs.

PRADEEP NANDRAJOG, J.

MUKTA GUPTA, J.

MAY 04, 2016/'skb'

W.P.(C) 1985/2016