Telangana High Court
WP/17519/2004 of Andhra Cements Mining Workers Union Vs Appellate Authority for Industrial AND Financial on 27 December 2004
HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SEVENTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE SRI DEVINDER GUPTA, THE CHIEF JUSTICE and THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 17519 of 2004 Between:
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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
MONDAY, THE TWENTY SEVENTH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE SRI DEVINDER GUPTA,THE CHIEF JUSTICE
and
THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY
WRIT PETITION NO : 17519 of 2004
Between:
Andhra Cements Mining Workers Union represented by its General Secretary SriU.Goverdhan Rao, Durgapuram, Dachepalli (Mandal) Dist.Guntur, Andhra Pradesh.
..... PETITIONER
AND
1 Appellate Authority for Industrial & Financial Reconstruction (AAIFR), Indra Prakash Building, K.G.Marg, New Delhi-110 001. Indra Prakash Building, K.G.Marg, New Delhi-110 001.
2 Board for Industrial and Financial Reconstruction (BIFR) Jawahar Vyapar Bhavan, 1, Tolstoy Marg, New Delhi-110 001.
3 Industrial Development Bank of India (IDBI) Rehabilitation Finance Dept., IDBI Tower, Cuffe Parade, Mumbai-400 005.
4 M/s.Andhra Cements Limited (ACL) (A Public Limited Company incorporated under the Companies Act, 1956) Corporate Office at 2nd Floor, Chandralok Complex, 111, S.D.Road, Secunderabad-500 003.
5 Duncans Industries Ltd., 31, Netaji Subhash Road, Kolkata-700 001. Kolkata-700 001.
6 Joint Secretary, Industries & Commerce Dept., Secretariat, Govt. of Andhra Pradesh, Hyderabad.
7 Secretary, Dept., of Industrial Development, Ministry of Industry, Udyog Bhawan, New Delhi. Udyog Bhawan, New Delhi.
8 Durga Estates, Lotus Land Mark, C.K.Reddy Road, Ayodhya Nagar, Vijayawada-520 003.
.....RESPONDENTS
Petition under Article 226 of the Constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court will be pleased toissue a writ of mandamus declaring the order passed by the 1st respondent inAppeals No.90/2004 and 148/2004, dated 8-7-2004 staying the order of the BIFRdated 17/4/2003 and further directing the IDBI to implement the Memorandum ofUnderstanding dated 7/2/2003 after issuing the 'No Objection Certificate' andreleasing the title deeds on pro rata basis to the extent of sale consideration, underSection 25 of the Sick Industrial Companies (Special Provisions) Act, 1985 as beingviolative of the principles of natural justice, opposed to equity, justice and the veryobject and purpose of the SICA and consequently set-aside the orders of the 1strespondent in Appeals No.90/2004 and 148/2004, dated 8-7-2004.
Counsel for the Petitioner:MR.BADRI.VENKATA REDDY
Counsel for Respondent Nos.1, 2 and 7: Mr. A. Rajasekhara Reddy, SC forCentral Government.
Counsel for the Respondent Nos.3,4 and 8: Mr.CH.Ramesh Babu Counsel for the Respondent No.5: None appeared Counsel for the Respondent No.6: The G.P. for Industries and Commerce The Court made the following :
ORAL ORDER: (per the Hon’ble the Chief Justice)
The order dated 8[th] July, 2004 staying the order of BIFR dated 17[th] April,2003 was challenged in this writ petition. During the pendency of the writ petition, on17[th] November, 2004, final orders have been passed by the Appellate Authority forIndustrial and Financial Reconstruction, against which writ petition No.22820 of2004 was filed, which was dismissed on 9-12-2004.
The writ petition is accordingly rendered infructuous and is disposed of assuch.
___________________
DEVINDER GUPTA, CJ
27-12-2004
________________________
B.SESHASAYANA REDDY, J
tvr
To
1 The Appellate Authority for Industrial & Financial Reconstruction (AAIFR), Indra Prakash Building, K.G.Marg, New Delhi-110 001.
2 The Board for Industrial and Financial Reconstruction (BIFR) Jawahar Vyapar Bhavan, 1, Tolstoy Marg, New Delhi-110 001.Jawahar Vyapar Bhavan, 1, Tolstoy Marg, New Delhi-110 001.
3 The Industrial Development Bank of India (IDBI) Rehabilitation Finance Dept., IDBI Tower, Cuffe Parade, Mumbai-400 005.Finance Dept., IDBI Tower, Cuffe Parade, Mumbai-400 005.
Conclusion
4 The Joint Secretary, Industries & Commerce Dept., Secretariat, Govt. of Andhra Pradesh, Hyderabad.
5 The Secretary, Dept., of Industrial Development, Ministry of Industry, Udyog Bhawan, New Delhi. Udyog Bhawan, New Delhi.
6 2 CCs to the Govt. Pleader for Industries and Commerce, High Court Buildings, Hyderabad (OUT).
7 2 CD copies.