2013 (3) TMI 881

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....r. T. S. Gopalan & Co. For the Respondents : Mr. S. Jayakumar ORDER The petitioner prays for issuance of a writ in the nature of Certiorari, to quash the order No. T-11/11/56/ 4/2006- Rev. I dated 18.5.2012 of the second respondent and the consequential order of the first respondent No.56/006200/000/0109/ME/SRO/CBE/2011 dated 14.6.2012 with consequential prayer for issuance of a writ in the nat....

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....ase of the petitioner is that thereafter, on application filed by the petitioner, COD was ordered to be changed from 31.3.2001 to 31.3.2003. 5 The order dated 12.2.2007 passed by the BIFR reads as under: BOARD FOR INDUSTRIAL & FINANCIAL RECONSTRUCTION JAWAHAR VYAPAR BHAWAN, 1, TOLSTOY MARG, NEW DELHI-1 To No. 18(4)/32/B-III/BIFR/Mon/03 To Dated 12.2.2007 1.The Central P.F. Commissioner HU....

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....L was placed before the Hon'ble Bench, who noted, interalia, that there was a time-gap of about 2 years from the date of considering the COD as 31.3.2001 for crystallization of the due of the EPFO and ESIC till the date of sanction of the scheme by the Board on 24.3.2003 (SS-03) and consequent to this, the company could not achieve the envisaged profitability during this time period of 2 years....

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....it petition by contending that reading of the order, dated 12.2.2003 shows that it was left to the discretion of the respondent to waive the part of damages by invoking Regulation 31(c) of the ESI General Regulation 1951 which stipulates that waiver can be upto 60% and it is only in extraordinary situation, that full damages can be waived. Therefore, the petitioner cannot claim waiver as a matter ....