- (1.) The Court : This is an application challenging the demand notices issued by the respondent authorities calling upon the petitioner No. 1 and its Director to make payment of a sum of Rs, 65,56,417/- on account of employer's contribution under the Employees' Provident Fund & Miscellaneous Provisions Act, 1952 (hereinafter referred to as the said Act) and threatening to proceed against them under the provisions of section 8B to 8G of the said Act and further the thereat of attachment in respect of bank account of the petitioner No. 1.
(2.) The petitioner has challenged the said notice inter alia on the ground that the petitioner No.1 is a sick company within the meaning of section 3(1) (o) of the Sick Industrial Companies (Special Provisions) Act, 1985 (hereinafter referred to as SICA Act) and further according to the petitioner, under section 2(1) of the said SICA Act,1985 when an inquiry under section 17 is under preparation or consideration or a sanctioned scheme is under implementation or where an appeal under section 25 relating to an industrial company is pending, then, notwithstanding anything contained in the Companies Act, 1956 or any other law or the Memorandum and Articles of Association of the industrial company or any other instrument having effect under the said Act or other law, no proceedings for the winding up of the industrial company or for execution, distress or like against any of the property of the industrial company or for the appointment of a Receiver in respect thereof shall lie or be proceeded with further except with the consent of the Board or, as the case may be the Appellate Authority. The petitioner is also bound to get direction under section 32 of the said SICA Act.
(3.) It further contended that since the Employees' Provident Fund Act does not contain any non-obstante Clause and the SICA Act and the said Act are both special statutes and since SICA Act came into force later than that of the provident fund Act, in that case, it has been contended that the said Act must prevail over the same.;