UTTAR PRADESH STATE SUGAR CORPORATION LIMITED Vs. DISTRICT JUDGE, DEHRADUN
HIGH COURT OF UTTARAKHAND
UTTAR PRADESH STATE SUGAR CORPORATION LIMITED
DISTRICT JUDGE, DEHRADUN
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B.S.VERMA, J. -
(1.) HEARD learned counsel for the parties and perused the record.
(2.) BY means of this writ petition, the petitioners have sought a writ in the nature of certiorari quashing the impugned judgment and order
dated 24 -9 -1998 passed by the Additional District Judge (E.C.Act),
Dehradun and entire execution proceedings in Execution Case No. 4 of 1988
pending before that Court.
(3.) BRIEFLY stated the facts giving rise to the present writ petition are that the by an order dated 1 -3 -1985 passed by the Allahabad
High Court in Civil Miscellaneous Writ Petition No. 3000 of 1973, Janki
Sugar Mills Vs. Union of India and others, a copy of the decree in favour
Food Corporation of India as against Janki Sugar Mills for recovery of
Rs. 1,33,477 -26 P. was ordered to be sent to the District Judge concerned
for execution. On the basis of the money decree, Execution Case No. 4 of
1988, Sri Janki Sugar Mills and Company Vs. Union of India and others was registered in the Court of the District Judge, Dehradun. In the execution
case, the petitioner filed objection under Section 47 of the C.P.C. and
therein a ground was taken that the execution proceedings does not lie
against the petitioner, as the Writ Petition No. 3000 of 1973 relates to
Sri Janki Sugar Mills & company; that the U.P. State Sugar Corporation
Ltd. is not responsible to pay the alleged dues and a prayer was made
that the execution application was liable to be dismissed. The objection
of the petitioner was to the effect that the amount in question, if any,
was payable by Sri Janki Sugar Mills and Company. The learned Distict
Judge, Dehradun after hearing the objector/petitioner rejected the
objections preferred by the petitioner by order dated 23 -6 -1994.
Aggrieved by the order dated 23 -6 -1994, the petitioner preferred Civil Revision No. 284 of 1994 U.P.State Sugar Corporation Vs.
Union of India and others, before the Allahabad High Court. The revision
was ultimately dismissed by order dated 2 1 -7 -1994 on merits with the
"After hearing the learned counsel for the applicant at length,
I do not find any merits in the revision nor I am inclined to interfere
under Sec. 115 C.P.C.
The Civil revision is dismissed summarily.";
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