2006 (4) TMI 267

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.... filed after giving statutory notice, a return has been filed stating that the company was declared as "sick industrial undertakings" and the matter is still pen ding before the Board for Industrial and Financial Reconstruction. In the counter affidavit of Arvind Kumar Dave, it is stated that reference was registered by the Board for Industrial and Financial Reconstruction as Case No. 149 of 19....

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....MCA No. 1 of 2004 was dismissed on October 18, 2005. The matter is still pending before the Board for Industrial and Financial Reconstruction for finalisation of scheme of rehabilitation under section 22(1) of the Act. This court has already taken a view that the bar under section 22(1) -of the Sick Industrial Companies (Special Provisions) Act 1985, is applicable as soon as the reference is....