DUNCANS INDUSTRIES LTD. Vs. BIFR AND OTHERS

JUDGEMENT

(1.) APPELLANT Duncans Industries Ltd. has filed this Appeal No. 190 of 2009 under section 25 of the Sick Industrial Companies (Special Provisions) Act of 1985 (hereinafter referred to as SICA) against the fax message issued by the Board for Industrial and Financial Reconstruction (hereinafter referred to as BIFR) on 16.7.2009 which reads as follows: Firstly (.) Reference application dated 10 June, 2009 received from Santos Sales and Agencies (P) Ltd. (.) On perusal of the said application, the bench has directed that the submission made by Santos Sales and Agencies (P) Ltd. seems to be justified (.) Please settle the issue and submit a compliance report (.) Secondly (.) The bench has directed to forward the enquiry report of Registrar of Trade Union regarding the reconsideration of the impleadment of IEL Mazdoor Union (.) Please take note accordingly (.)

(2.) IN the hearing on 5.10.2009, this Authority had directed the appellant to file the certified copy of the impugned order against which the appeal has been preferred and on the basis of which the fax communication has been issued. On 13.1.2010, the learned counsel for the appellant filed the certified copy of the impugned telegraphic message dated 6.7.2009 and she further prayed for time to file the certified copy of the impugned order on the basis of which BIFR had issued the telegraphic message. On 11.2.2010, the appellant has produced the copy of the note sheet dated 29.6.2009 in which the following para is recorded: Issues under consideration: 2. Santos Sales and Agencies (P) Ltd. (SSAPL), Kolkata, vide their letter dated 10.6.2009 (addressed to OIL and copy to BIFR) has informed that inspite of the DIL's unwillingness during April, 2007, to retain the flat No. 8 (2nd floor), Vrindavan Apartments, 43 -A, Haramohan Ghosh Lane, Kolkata, OIL has vacated the premises only on 8 January, 2009. The delay to vacate the possession of the flat was deliberate. SSAPL has requested to OIL to clear their dues of Rs. 3,78,848 in connection with Rent. Maintenance, Electricity and Telephone Charges and Restoration of electricity etc.

(3.) WE have heard the learned counsel for the parties in the appeal. Learned counsel for the appellant has admitted that the BIFR has not passed any order on the note sheet on the basis of which the section officer of Bench -I, BIFR, has sent the telegraphic message dated 16.7.2009. Placing reliance on our earlier decision in Appeal No. 107 of 2009, Lee Pharma (P) Ltd., decided on 25.2.2010, learned counsel for the appellant admitted that no appeal lies against the aforesaid impugned order. Therefore, this appeal be disposed of.