https://www.taxtmi.com/caselaws?id=113990 Section 22 of the Sick Industrial Companies (Special Provisions) Act, 1985 protects only specified proceedings such as winding up, execution, distress, recovery of money, security, or guarantee, and does not impose a general bar on criminal prosecution. Default in remitting provident fund contributions remains a statutory offence and may be prosecuted even during BIFR proceedings. Whether a rehabilitation restraint order actually prevented payment for the relevant period is a factual issue requiring evidence, and cannot be decided at the threshold in a quashing petition. The prosecution was therefore not barred by the sick company proceedings. en-us Thu, 29 Oct 2009 00:00:00 +0530 Tue, 28 Oct 2014 13:16:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=113990 Section 22 of the Sick Industrial Companies (Special Provisions) Act, 1985 protects only specified proceedings such as winding up, execution, distress, recovery of money, security, or guarantee, and does not impose a general bar on criminal prosecution. Default in remitting provident fund contributions remains a statutory offence and may be prosecuted even during BIFR proceedings. Whether a rehabilitation restraint order actually prevented payment for the relevant period is a factual issue requiring evidence, and cannot be decided at the threshold in a quashing petition. The prosecution was therefore not barred by the sick company proceedings. Case-Laws Companies Law Thu, 29 Oct 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=113990