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2016 DIGILAW 485 (SC)

Kotak Mahindra Bank Limited v. Global Infrastructure & Technologies Limited

2016-03-18

PRAFULLA C.PANT, RANJAN GOGOI

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ORDER : Leave granted. 2. The sole question before this Court in the present appeal is whether the proceedings before the Board for Industrial and Financial Reconstruction (for short, 'the BIFR') in respect of the respondent - Global Infrastructure & Technologies Limited (for short, 'the Company') had abated under Section 15 of the Sick Industrial Companies (Special Provision) Act, 1985 (for short, 'the SICA'). 3. The BIFR and the Appellate Authority for Industrial & Financial Reconstruction (for short, 'the AAIFR') answered the aforesaid question in the affirmative and in doing so recorded a finding that the appellant is holding 100% of the outstanding secured debts of the respondent No.1-Company. Accordingly, it was held that the proceedings had abated by virtue of the third proviso to Section 15(1) of the SICA. 4. In coming to the aforesaid findings, the BIFR and the AAIFR took into account the fact that the loans which were advanced by the third respondent (Osmanabad Janata Sahakari Bank Ltd.) to respondent No.1-Company was by way of cash credit and against a guarantee and that the third respondent did not have any charge in the property. 5. We fail to see as to how in the light of clear and categorical finding that the appellant was holding 100% of the outstanding secured debts of the respondent No.1-Company, reached after a full consideration of the relevant facts, as noted above, the High Court could have come to a contrary conclusion to remand the matter for a determination of the same factual question without dealing with or disturbing the said findings of fact recorded by the AAIFR. 6. We, therefore, hold that in view of the finding of the AAIFR as stated above, which does not appear to have been disturbed by the High Court, the remand made by the High Court for determination of the same question is a redundant exercise which should have been avoided. 7. Accordingly, we interdict the said course of action adopted by the High Court, set aside the impugned order and allow this appeal.