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    <title>2009 (5) TMI 546 - Supreme Court</title>
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    <description>Where an inquiry under section 16 of the Sick Industrial Companies (Special Provisions) Act, 1985 was pending before the BIFR, section 22(1) barred a suit for recovery of money against the sick industrial company unless the Board&#039;s consent was obtained. The Court treated the Act as a complete code with overriding effect, so the civil court&#039;s jurisdiction was excluded for proceedings covered by the statutory scheme. A decree passed in breach of that statutory bar was without jurisdiction and could not be sustained; the suit was therefore barred and the decree was a nullity.</description>
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    <pubDate>Fri, 15 May 2009 00:00:00 +0530</pubDate>
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      <title>2009 (5) TMI 546 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=112532</link>
      <description>Where an inquiry under section 16 of the Sick Industrial Companies (Special Provisions) Act, 1985 was pending before the BIFR, section 22(1) barred a suit for recovery of money against the sick industrial company unless the Board&#039;s consent was obtained. The Court treated the Act as a complete code with overriding effect, so the civil court&#039;s jurisdiction was excluded for proceedings covered by the statutory scheme. A decree passed in breach of that statutory bar was without jurisdiction and could not be sustained; the suit was therefore barred and the decree was a nullity.</description>
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      <pubDate>Fri, 15 May 2009 00:00:00 +0530</pubDate>
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