IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 22ND JANUARY 2009 / 2ND MAGHA 1930 WA.No. 1851 of 2007 ---------------------------- AGAINST THE JUDGEMENT IN W.P.(C).NO.32584/2005 DATED 27/06/2007 .................... APPELLANT/ PETITIONER: -------------------------------------- LANSEA FOODS PVT.LTD., 10/318,KANNAMALI, COCHIN-08, REP.BY ITS MG.DIRECTOR MR.MADHU GANESH. BY ADV. SRI.S.ANANTHAKRISHNAN. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. THE SALES TAX OFFICER-III, 2ND CIRCLE, MATTANCHERRY. 2. THE SPECIAL TAHASILDAR (RR), KOCHI-01. 3. THE MANAGER, UNION BANK OF INDIA, KANNAMALI BRANCH, KOCHI-08. R1 & R2 BY GOVERNMENT PLEADER SRI. MOHAMMED RAFIQ, R3 BY ADV. SRI.A.S.P.KURUP, SC, UBI. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 22/01/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. J.B. Koshy,Ag.C.J. & V. Giri, J. ---------------------------------------- W.A. No. 1851 of 2007 ---------------------------------------- Dated this the 22nd day of January, 2009 Judgment Koshy, Ag.C.J. Appellant/Petitioner is a private limited company engaged in the business of processing and exporting of marine products. Recovery proceedings is initiated against the appellant for sales-tax arrears etc. It is the case of the petitioner that they moved before the Board of Industrial and Financial Reconstruction (BIFR) for the revival of the company and the said application was registered as case No.30 of 2005. The matter is still pending investigation. In view of the pendency of the matter before the BIFR, section 22 of the Sick Industrial Companies (Special Provisions) Act,1985 will be applicable until scheme is framed. Creditors can also make claims before the BIFR. The matter was made clear by the Full Bench of this Court in Prima Industries Ltd. v. Dy. Commissioner (Appeals) and others (2006 (4) ILR Kerala Series 831). After the enquiry is over, respondents are free to take W.A. No.1851/2007 2 recovery proceedings if it is allowed as per the scheme framed. With that observation, this writ appeal is disposed of. J.B.Koshy Acting Chief Justice V. Giri Judge vaa