1997 (1) TMI 535

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... for the supply of electricity in terms of Indian Electricity Act, 1910. The petitioner claimed the rebate on the basis that he had established the industry in an undeveloped area but we are not concerned with that controversy. Admittedly, a sum of ₹ 49395 lacs was due from the petitioner. On a demand raised by the Board on June 4, 1996 in that behalf, the petitioner approached the High Court. The petitioner, with a view to avoid disconnection had agreed with the Board on June 10,1996 for payment of above outstanding amount in 12 monthly instalments and the Board had agreed for the same and given re-connection subject to the petitioner paying the amount as agreed. The petitioner after depositing one instalment, committed default in th....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....before the BIFR itself. It is seen that Section 22(1) of the sick Industrial Companies (Special provisions ) Act, 1985 envisages as under: "22. Suspension of legal proceedings, contract, etc.--(1) Where in respect of an industrial company, an inquiry under section 16 is pending or any scheme referred to under preparation or consideration or a sanctioned scheme is under implementation or where an appeal under section 25 relation to an industrial company is pending, then, notwithstanding anything contained in the companies Act, 1956 (q of 1956), or any other law or the memorandum and articles of association of the industrial company or any other instrument having effect under the said act or other law, no proceedings for the winding up....