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    <title>2012 (7) TMI 534 - DELHI HIGH COURT</title>
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    <description>Repeated references under the Sick Industrial Companies (Special Provisions) Act, 1985 can be scrutinised to prevent abuse of the statutory process, especially where earlier references were rejected on merits and the company had been found not genuinely sick. The Court recognised the scheme&#039;s balance between creditor recovery and rehabilitation, but held that repeated filings should not be mechanically entertained or automatically extend the protection of Section 22. It also stated that the Registrar cannot perform the Board&#039;s adjudicatory role, yet where prior references have failed, the matter may be required to be examined directly by the Board before statutory protection continues. The Board was directed to frame practice directions to curb such misuse.</description>
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    <pubDate>Fri, 01 Jun 2012 00:00:00 +0530</pubDate>
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      <title>2012 (7) TMI 534 - DELHI HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=215021</link>
      <description>Repeated references under the Sick Industrial Companies (Special Provisions) Act, 1985 can be scrutinised to prevent abuse of the statutory process, especially where earlier references were rejected on merits and the company had been found not genuinely sick. The Court recognised the scheme&#039;s balance between creditor recovery and rehabilitation, but held that repeated filings should not be mechanically entertained or automatically extend the protection of Section 22. It also stated that the Registrar cannot perform the Board&#039;s adjudicatory role, yet where prior references have failed, the matter may be required to be examined directly by the Board before statutory protection continues. The Board was directed to frame practice directions to curb such misuse.</description>
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      <pubDate>Fri, 01 Jun 2012 00:00:00 +0530</pubDate>
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