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Madhya Pradesh High Court · body

2001 DIGILAW 931 (MP)

Beta Corporation Limited v. M. P. Financial Corporation

2001-12-09

A.M.SAPRE

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Judgment ( 1. ) BY filing this petition, under Articles 226/227 of Constitution of India, the petitioner has prayed for quashing of an attachment order passed by respondent under Section 29 of State Financial Corporation At. Facts are short. ( 2. ) PETITIONER had taken loan for their Industrial Unit, from the respondent - M. P. F. C. Petitioner became a defaulter and hence could not repay the loan. As a result, the respondent M. P. F. C. resorted to Section 29 of the Act and obtained possession of the Unit of the petitioner. It was then attached and put to sale. ( 3. ) THE petitioner then complained that since the petitioner Company has applied to B. I. F. R for declaring their Company as a sick Company within the meaning of SICA by the B. I. F. R. and hence in view of Section 22 of SICA the respondent has no right to proceed to sale the unit. ( 4. ) IT is not in dispute that after filing of the writ, the BIFR had rejected the reference application made by the petitioner. It is also not in dispute that petitioner then went up in appeal to A. I. F. R and even appeal was also dismissed. The effect and consequence of the rejection of petitioners reference by BIFR and upholding by AIFR, was that the provisions of Section 22 of SICA are not applicable to petitioner. ( 5. ) IN view of this admitted fact emerging from the record, the only ground on which the petition was founded no longer survives indeed. The moment the B. I. F. R. rejected the reference and the same having been upheld in appeal the protection of Section 22 of SICA was no longer available. It is not in dispute that petitioner has not questioned the very action of the respondent in taking over the Unit under Section 29 ibid. ( 6. ) I thus do not find any merit in the writ. It fails and is dismissed. No cost.