2015 (12) TMI 1208

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....y Cell Technology in the year 1983, however, enhanced its commercial production of Caustic Soda in the year 1994-95 through Hydrogen Gas which earlier emerged during the production of Caustic Soda which could be used in the edible products like in solvex plants. It has been alleged in the petition that petitioner-Company was declared sick by BIFR vide order dt.15.01.2002. The scheme of its rehabilitation with reliefs and concession was sanctioned on 30.11.2006 by BIFR and during pendency of the writ petition on 26.03.2010 on company's net worth becoming viable it was deregistered by BIFR with direction to implement the provisions of the sanctioned scheme including relief/concession of the Government agencies but because of the lack of f....

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....etitioner submits that the jurisdiction to question the order of CESTAT lies before the Rajasthan High Court but on the ill advise extended to the petitioner, the order dt.27.04.2006 came to be challenged by filing of Writ Petition No.10553/2006 before the High Court of Delhi but before there could be any order passed on the writ petition filed before the High Court of Delhi, the Commissioner, CESTAT dismissed the appeal vide order dt.21.06.2006 as the order dt.27.04.2006 was not complied with by the petitioner on 21.06.2006 itself and the writ petition was disposed of by the High Court of Delhi vide order dt.04.12.2006 holding that since the appeal before CESTAT was dismissed on 21.06.2006 and the petitioner has remedy against dismissal of....

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....tioner by the High Court of Delhi while dismissing the writ petition vide order dt.25.09.2007. 7. However, by filing three separate successive writ petitions, the petitioner remained at square one in adjudicating the dispute which he raised in assailing the original order passed by the CESTAT along with stay application filed u/Sec.35-F of the Act which came to be dismissed vide order dt.27.04.2006 . 8. Counsel for the petitioner submits that after a long battle, may be under ill advise, the petitioner finally approached the jurisdictional High Court of Rajasthan. Counsel further submits that petitioner-company was a sick company for a long time and it has become viable in the recent past and started commercial production from February, 2....

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....6 passed on his application filed u/Sec.35-F of the Act and there was no other option left with the CESTAT to reject the appeal preferred and in furtherance thereof, the restoration/recalling application was dismissed and there appears no justification to now grant the petitioner an opportunity to comply with the condition of pre-deposit, as prayed for by him, in compliance of the order dt.27.04.2006 and restoring the appeal before the CESTAT. 10. Taking note of the submissions made and the fact that one after the other three successive writ petitions were preferred by petitioner before the High Court of Delhi assailing the orders passed by the CESTAT and this fact cannot be ruled out that petitioner-company remained sick for a long time a....