DALMIA CEMENT (BHARAT) LTD. Vs. BHARAT REFRACTORIES LTD.

JUDGEMENT

(1.) THIS company petition for winding up was preferred by petitioner, Dalmia Cement (Bharat) Limited under Sections 433 and 434 of the Companies Act, 1956.

(2.) ON notice, the respondent appeared and filed counter -affidavit to oppose the petition. In the counter -affidavit, the respondent has taken plea that the respondent became sick on 31.3.1992 and came under purview of Section 3(1)(o) of Sick Industrial Companies (Special Provision) Act, 1985 (SICA for short).

(3.) IN view of stand taken by the respondent and in terms with Section 22 of SICA Act 1985, as this petition was not maintainable in March, 2000, counsel for the petitioner sought permission to withdraw the petition with liberty to take appropriate step after final decision as may be taken under SICA Act, 1985.