https://www.taxtmi.com/caselaws?id=111347 During a pending reference before the Board for Industrial and Financial Reconstruction, the maintainability of a company petition for sanction of a scheme of arrangement or compromise under sections 391 and 394 of the Companies Act, 1956 was examined in light of SICA's overriding provisions. The later Supreme Court view treating SICA as a special statute and complete code was said to weaken earlier co-ordinate Bench decisions treating the remedies as supplementary. Because of that conflict, the preliminary objection on maintainability was considered substantial and the jurisdictional question was directed to be placed before the Chief Justice for reference to a Division Bench, with the scheme's merits left open. en-us Wed, 08 Nov 2006 00:00:00 +0530 Mon, 23 Apr 2012 11:34:33 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=111347 During a pending reference before the Board for Industrial and Financial Reconstruction, the maintainability of a company petition for sanction of a scheme of arrangement or compromise under sections 391 and 394 of the Companies Act, 1956 was examined in light of SICA's overriding provisions. The later Supreme Court view treating SICA as a special statute and complete code was said to weaken earlier co-ordinate Bench decisions treating the remedies as supplementary. Because of that conflict, the preliminary objection on maintainability was considered substantial and the jurisdictional question was directed to be placed before the Chief Justice for reference to a Division Bench, with the scheme's merits left open. Case-Laws Companies Law Wed, 08 Nov 2006 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=111347