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TMI Blog2012 (11) TMI 122X X X X Extracts X X X X X X X X Extracts X X X X ..... d by the plaintiff before BIFR. The defendants have not approached BIFR and the plaintiff does not admit the claim set up by them. The Scheme by BIFR is yet to be framed. Since the claim of the defendants is not the subject matter of the proceedings before BIFR, the Scheme as and when it is framed, obviously, would not include the claim of the defendants. Therefore, it can hardly be disputed that the claim of the defendants would not be covered by the sanctioned scheme as and when it is approved by the Board. Therefore, the ratio of the decisions of the Supreme Court in Deputy Commercial Tax Officer and Ors v. Corromandal Pharmaceuticals (1997 (3) TMI 452 - SUPREME COURT OF INDIA) squarely applies to the present case and, counter-claim, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was only Rs.27,28,948.20p, after deducting Rs.6 lac which the plaintiff had received in cash out of the debit cheques, the balance amount payable to it came to Rs.21,28,948. As against this, the amount of debit notes which the defendant given to the plaintiff came to Rs.26,51,086/- and, therefore, they are entitled to recover that amount from the plaintiff. 3. Admittedly, the plaintiff before this Court filed petition No.03/1999 under SICA before BIFR, New Delhi and the same is still pending. No scheme has so far been approved by BIFR for rehabilitation of the plaintiff company. In the suit before this Court, the defendants are seeking adjustment of the principal amount claimed in the suit and have alleged that after that adjustment, a s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed to various persons including the creditors, the BIFR is to prepare a scheme which shall come into force on such date as it may specify in that behalf. It is in implementation of the scheme wherein various preventive, remedial or other measures are designed for the sick industrial company, steps by way of giving financial assistance etc. by Government, banks or other institutions, are contemplated. In other words, the scheme is implemented or given effect to, by affording financial assistance by way of loans, advances or guarantees or reliefs or concessions or sacrifices by Government, banks, public financial institutions and other authorities. In order to see that the scheme is successfully implemented and no impediment is caused for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y to such of those dues reckoned or included in the sanctioned scheme In Sirmor Sudburg Auto Ltd. v. Kuldip Singh Lamba, 67 (1997) DLT 870, the court inter alia held as under: to be entitled to stay of the legal proceedings under Section 22 of the Act a mere pendency of the inquiry would not suffice, the dues must be reckoned or included in the sanctioned scheme. A suit for eviction against a sick industrial company is not liable to be stayed under Section 22(1) of the Sick Industrial Companies (Special Provisions) Act, 1985. In Shaw Wallace Breweries Ltd. v. Him Neel Breweries Ltd. 133 (2006) DLT 153, a learned Single Judge of this Court relying upon the decision of Supreme Court in Sirmor Sudburg Auto Ltd (supra), held that bar o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... herefore, it can hardly be disputed that the claim of the defendants would not be covered by the sanctioned scheme as and when it is approved by the Board. Therefore, the ratio of the decisions of the Supreme Court in Deputy Commercial Tax Officer and Ors v. Corromandal Pharmaceuticals (supra) squarely applies to the present case and, counter-claim, therefore, would not be hit by Sec. 22(1) of SICA. The application is devoid of any merit and is, therefore, dismissed. CS(OS) 2308/2009 The written statement to the counter-claim has already been filed. List before the Joint Registrar for admission/denial of the documents on 11th December, 2012. Additional documents can be filed within two weeks. List before Court on 9th April, 2013 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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