Petitioner had approached this Court seeking for directions to the respondents to pay the amount retained by the respondents in respect of the work undertaken by the petitioner and for certain other payments. The total amount due, according to the petitioner, is more than 15 Lakhs. Despite the fact that the same was due as early as from 15.02.2011, no action has been taken by the respondents to pay the amount involved in the matter. 2. Counter affidavit is filed by the first respondent, inter alia, stating that the respondent company was declared as a Sick Industrial Unit under the provisions of the Sick Industrial Companies (Special Provisions) Act, 1985 and in terms of Section 22(1) of the Act, recovery of amount has to be kept in abeyance.
3. As matters stand now, an appeal is pending before the appellate authority and the latest proceedings is dated 12.05.2014, which is produced as Ext.R1(a).
W.P.C.No.12945 OF 2014 2
4. In so far as an appeal is pending against the order passed by BIFR, Section 22(1) clearly applies and therefore, it may not be possible for this Court to issue any direction sought for.
In the result, this writ petition is dismissed reserving liberty to the petitioner to approach the appropriate forum for redressal of his grievance.
Sd/- A.M.SHAFFIQUE, JUDGE sd // True Copy // P.A. to Judge