ESS BEE PACKAGERS P LTD Vs. APPELLATE AUTHORITY FOR INDUSTRIAL AND FINANCIAL RECONSTRUCTION
LAWS(ALL)-2002-10-3
HIGH COURT OF ALLAHABAD
Decided on October 31,2002

ESS BEE PACKAGERS (P.) LTD. Appellant
VERSUS
APPELLATE AUTHORITY FOR INDUSTRIAL AND FINANCIAL RECONSTRUCTION Respondents

JUDGEMENT

Sunil Ambwani, J. - (1.) Petitioner, a Private Limited Company, has sought for a writ of certiorari to quash order dated 15.2.2002 passed by Appellate Authority for Industrial and Financial Reconstruction, New Delhi by which it has dismissed the appeal on 7.2.2002 for which reasons were given on 15.2.2002, against the order of Board for Industrial and Financial Reconstruction dated 22.11.2001, holding the reference filed by the company under Section 15 (1) of the Sick Industrial Companies (Special Provisions) Act, 1985, on 13.8.1999 to be non-maintainable on account of undue delay of nearly two years.
(2.) I have heard Sri Ravi Kant, senior advocate, assisted by Sri Saurabh Srivastava for petitioner company ; Sri H.R. Misra for U. P. Financial Corporation and Additional Standing Counsel for respondent Nos. 1, 2 and 3. The other respondents have not appeared in spite of notices issued to them on 17.4.2002, upon which the service is deemed to be sufficient.
(3.) Since the matter does not involve any disputed questions of fact, with the consent of parties, the writ petition is being decided at the admission stage.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.