The learned advocate for the petitioners has moved a draft amendment. The same is granted and may be carried out, before the next date of hearing.
It is submitted by Mr.Sunit Shah, learned advocate for the petitioners that he may be permitted to join the Board for Industrial and Financial Reconstruction (BIFR), as party respondent No.6. Permission to do so, is granted. The necessary amendment in the cause-title be made, forthwith.
Heard Mr.Sunit Shah, learned advocate for Mr.N.V.Gandhi, learned advocate for the petitioners. It is submitted by him that petitioner No.1 is not liable for damages under Section-14(B) of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 ("the Act", for short), as the dues in respect of which the damages are imposed relate to the pre-takeover period. It is further submitted that BIFR has sanctioned the Scheme of Rehabilitation, pursuant to which petitioner No.1 purchased the erstwhile sick unit and as per the said Scheme,the liability of those dues cannot be attached to petitioner No.1. It is further submitted that respondent No.4 has passed a Prohibitory Order dated 07.08.2012, pursuant to which respondent No.5-Bank has made payment of an amount of Rs.27,73,000/- from the account of petitioner No.1.
Issue Notice and Notice for interim relief, returnable on 24.08.2012.
In addition to the normal mode of service, Direct Service, today, is also permitted.
(Smt.
Abhilasha Kumari, J.) Gaurav+