9911796707
TMI Blog2000 (8) TMI 1003X X X X Extracts X X X X X X X X Extracts X X X X ..... period of one year or until the proceedings initiated by the petitioner-company before the BIFR by application dated 22-6-1998 are concluded. 2. The petitioner-company on 22-6-1998 made a reference to the BIFR under section 15 of the SICA. The BIFR, by its order dated 6-8-1998, declared the petitioner-company a sick industrial company and directed for taking further measures under the provisions of the SICA for its reconstruction. The respondent No. 2 went in appeal against the said order before the AAIFR. The appellate authority vide its order dated 26-9-1999/1-7-1999 set aside the aforesaid order of the BIFR. Against this order of the AAIFR, the petitioner has filed a writ petition (Writ Petition No. 903 of 1999) before this court. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 2 who has filed a suit in the High Court of Bombay for recovery of the lease property and the lease rent against the petitioner. The Bombay High Court has already passed order for appointing receiver of the suit property. 5. Any declaration under sub-section (3) of section 22 [of the SICA] has to be made by the BIFR. Obviously, any such declaration made can be extended by the Board itself. This court does exercise superintendence over the BIFR and can, therefore, make necessary orders in exercise of its jurisdiction under article 226/227 of the Constitution. But the occasion for making such order would arise only when some order/declaration is first made by the BIFR. I am afraid, this court cannot assume original jurisdiction of the B ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h the BIFR until 16-9-1999. However, the petitioner instead of approaching the BIFR has rushed to this court for the relief which could be granted to him by the BIFR itself. Under the circumstances, I am clearly of the view that the petition is not maintainable. 8. It is, however, noted that this court by its order dated 2-4-1999 has granted interim writ to the petitioner extending the said order dated 25-1-1999 of the BIFR firstly, for a period of one month, and then until further orders. Keeping in view this interim order of the court, I deem it proper that while dismissing the petition, the petitioner may be granted 10 (ten) days to approach the BIFR and seek appropriate orders therefrom. 9. Accordingly, I dismiss the petition, b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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