M/S Gobind Glass And Industries Ltd. v. Board For Industrial & Financial Reconstructions & ANR

$~13 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 3103/2016 M/S GOBIND GLASS AND INDUSTRIES LTD. ..... Petitioner Represented by:

Mr.Vivek Sibal, Advocate with Mr.Rahul Shrma, Ms.Nivedita H.S.Bhaskar, Advocates versus BOARD FOR INDUSTRIAL & FINANCIAL RECONSTRUCTIONS & ANR ..... Respondents Represented by:

Mr.Amit Dayal, Advocate for R-2

CORAM:

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

O R D E R

% 08.04.2016 CM No.13166/2016 Allowed subject to just exceptions.

WP(C) 3103/2016 1.

Petitioner claims its net worth turning positive in the previous financial year and informs that application No.359/2015 filed by it before BIFR to declare proceedings initiated under Section 15 of SICA, 1985 as having abated being not heard on account of BIFR not functioning due to non-availability of Members.

2.

The issue sought to be urged in the petition can be urged before AAIFR which can hear miscellaneous applications. 3.

Declining to entertain the petition we direct that upon an application filed before AAIFR the same shall be decided on merits taking into account W.P.(C) 3103/2016

that it would be a case of deemed refusal on account of BIFR not functioning and hence an appealable order taking birth for adjudication before AAIFR.

4.

No costs.

PRADEEP NANDRAJOG, J.

MUKTA GUPTA, J.

APRIL 08, 2016 'skb'

W.P.(C) 3103/2016