M/S Concept Communication Ltd., v. M/S. Svpcl Ltd.,

THE HON'BLE SRI JUSTICE S.V. BHATT COMPANY PETITION No.208 OF 2009 ORDER:

On 01.07.2014, this Court after taking note of the reference to B.I.F.R. under Section 15(1) of the Sick Industrial Companies (Special Provisions) Act, 1985 as Case No.89 of 2013, adjourned the matter sine die. On 05.08.2014, the same representation was repeated. The company petition was posted on 20.06.2016 for want of representation for the petitioner. It is listed under the caption 'for dismissal'.

Learned counsel appearing for parties admit that Case No.89 of 2013 is not yet finalised before the B.I.F.R. and they are unable to state the time within which there is possibility before B.I.F.R. attaining finality. This Court cannot keep the company petition at the same stage for an indefinite time.

Having regard to the fact that the matter is seized of by B.I.F.R., the company petition is closed by giving liberty to the petitioner to seek restoration of company petition subject to the orders that are passed in Case No.89 of 2013. The Company Petition is closed with liberty as indicted above. ___________ S.V.BHATT, J Date:21.06.2016 Stp