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    <title>1987 (11) TMI 395 - ALLAHABAD HIGH COURT</title>
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    <description>A request for appointment of a receiver and attachment of mortgaged property under Section 30 of the Industrial Finance Corporation Act, 1948 could not proceed while a company reference was pending under the Sick Industrial Companies (Special Provisions) Act, 1985. Once the reference was registered and an inquiry under Section 16 was pending, Section 22 operated as a bar against execution, distress, and appointment of a receiver over the company&#039;s properties except with the Board&#039;s consent. The Court treated the revival-oriented scheme of the sick companies legislation as controlling and held that coercive relief could not be granted in the absence of such consent; the application was therefore not maintainable at that stage.</description>
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    <pubDate>Wed, 18 Nov 1987 00:00:00 +0530</pubDate>
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      <title>1987 (11) TMI 395 - ALLAHABAD HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=197588</link>
      <description>A request for appointment of a receiver and attachment of mortgaged property under Section 30 of the Industrial Finance Corporation Act, 1948 could not proceed while a company reference was pending under the Sick Industrial Companies (Special Provisions) Act, 1985. Once the reference was registered and an inquiry under Section 16 was pending, Section 22 operated as a bar against execution, distress, and appointment of a receiver over the company&#039;s properties except with the Board&#039;s consent. The Court treated the revival-oriented scheme of the sick companies legislation as controlling and held that coercive relief could not be granted in the absence of such consent; the application was therefore not maintainable at that stage.</description>
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      <pubDate>Wed, 18 Nov 1987 00:00:00 +0530</pubDate>
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