MEKASTAR TELEMATICS LTD Vs. AAIFR

JUDGEMENT

(1.) By this writ petition a challenge is laid to the order dated 09.03.2011 passed by the Appellate Authority for Industrial and Financial Reconstruction (hereinafter referred to as AAIFR?) in Appeal No. 128/2006 and order dated 08.03.2006 passed by the Board for Industrial and Financial Reconstruction (hereinafter referred to as BIFR?) in case no. 379/2003. For the sake of convenience the aforementioned orders will be collectively referred to as the impugned orders.

(2.) In brief the petitioner before us is aggrieved by the order passed by the BIFR which has been sustained by the AAIFR whereby the reference filed by it has been held to be non-maintainable on the sole ground that on the date of institution of the reference it was not an industrial company within the meaning of Section 3(1)(e) of the Sick Industrial Companies (Special Provisions) Act, 1985 (hereinafter referred to as SICA?).

(3.) The petitioner has assailed the impugned order broadly on the following grounds: