UTTAR PRADESH STATE SUGAR CORPORATION LIMITED Vs. DISTRICT JUDGE, DEHRADUN
LAWS(UTN)-2012-9-80
HIGH COURT OF UTTARAKHAND
Decided on September 13,2012

UTTAR PRADESH STATE SUGAR CORPORATION LIMITED Appellant
VERSUS
DISTRICT JUDGE, DEHRADUN Respondents

JUDGEMENT

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 following observations: "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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