Textile Undertakings (Taking Over of Management) Act : CONTRACTS, ETC., IN BAD FAITH MAY BE CANCELLED OR

Textile Undertakings (Taking Over of Management) Act,1983

Act No : 40

Section : CONTRACTS, ETC., IN BAD FAITH MAY BE CANCELLED OR VARIED

SECTION 11: CONTRACTS, ETC., IN BAD FAITH MAY BE CANCELLED OR VARIED

(1) If the Central Government is satisfied, after such inquiry as it may think proper, that any contractor agreement entered into at any time within three years immediately preceding the appointed day between any of the textile companies or managing or other director of any such textile company and any other person in relation to any service, sale or supply to, or by, its textile undertaking and in force immediately before the appointed day, has been entered into in bad faith, or is detrimental to the interests of the textile undertaking of the concerned textile company, it may make, within one hundred and eighty days from the appointed day, an order cancelling or varying (either unconditionally or subject to such conditions as it may think fit to impose) such contract or agreement and thereafter the contract or agreement shall have effect accordingly:

Provided that no contract or agreement shall be cancelled or varied except after giving to the parties to the contract or agreement a reasonable opportunity of being heard.

(2) Any person aggrieved by an order made under sub-section (1) may make an application to the principal civil court of original jurisdiction within the local limits of whose jurisdiction the registered office of the concerned textile company is situated for the variation or reversal of such order and thereupon such court may confirm, modify or reverse such order.