BANSAL BROTHERS Vs. SHARAD CHANDRA SETHI

JUDGEMENT

(1.) This application under Section 115 of the C.P.C. has been filed against the order dated 15.01.2009, passed by the learned Second Additional District Judge, Bhopal in execution case No.3378/2009 (M/s Bansal Brothers and others Vs. Sharadchand Sethi and others), by which the execution application of decree holder/applicants has been dismissed.

(2.) On a bare perusal of the impugned order, this court finds that an application under Section 22 of the Sick Industrial Companies (Special Provisions) Act, 1985, (in short the act of 1985) was filed by the respondents praying that the proceedings are pending before the Board to declare the company is a sick industry, therefore, the execution proceedings be stayed. However, learned executing court dismissed the execution application by taking the aid of Section 22 of the said Act. Hence, this revision application has been filed by the decree holder.

(3.) The contention of the learned counsel for the applicants is that the executing court has not exercised its jurisdiction vested in it by law and has acted illegally with material illegality in exercising its jurisdiction in rejecting the execution application. By inviting my attention to Section 22 of the said Act it has been submitted that if the proceedings to declare a sick industry has been filed, other legal proceedings shall remain suspended and it cannot be dismissed. Hence it has prayed that the order be set aside and the learned executing court be directed to suspend the execution application till passing of the necessary orders by the Board. The learned counsel for the applicants submits that liberty be granted to him to submit necessary documents.