NUDDEA MILLS CO LTD Vs. STATE OF WESTBENGAL

JUDGEMENT

(1.) ALL the aforementioned applications are taken up together since identical issues are involved and disposed of by this common Judgment.

(2.) THESE applications filed by the petitioners are directed against proceedings initiated by the Provident Fund authorities under the provisions of section 406 of the Indian Penal Code. All the proceedings have been initiated by the said authorities, by filing of several F. I. Rs with the Naihati police station.

(3.) IT is the case of the petitioners that the petitioner No. 1 is a company incorporated under the Companies Act, 1956. The company, due to uncertainties in the economic situation in the jute industry, became 'sick'. In such circumstances the company made a 'reference' under section 15 (1) of The Sick Industrial Companies (Special provisions) Act, 1985 (for short, 'sica') before the Board of Industrial and Financial Reconstruction (for short, 'bifr') and the same was registered as case No. 273/98. According to the learned senior advocate appearing on behalf of the petitioners, the matter is still pending before the BIFR, and till date, the company remains, 'sick'.