- (1.) The prayer of the petitioner is to quash the order 15th February, 1992 passed by the Executive Officer, Nagarpalika, Modi Nagar contained in his letter dated 15th June, 1992 (appended as Annexure-5) to deposit the amount mentioned therein as House Tax. A further prayer has been made to prohibit the Respondents from taking any steps or proceedings in any manner in the nature of execution, distress or the like against its properties for recovery of the amount due under the aforementioned impugned order without the prior consent of the BIFR under Section 22 (1) of the sick Industrial Companies (Special Provisions) Act, 1985.
(2.) Heard Miss Bharti Sapru, learned counsel appearing on behalf of the petitioner and Mr. Pankaj Mithal, learned counsel appearing on behalf of Respondent no. 1 and 2.
(3.) The main thrust of the submission of Miss. Bharti Sapru was that the urged on behalf of the petitioner stands answered in its favour by the pronouncement of the Supreme Court in Gram Panchayat v. Sri Vallabh Glass works Ltd. & others AIR 1990 SC 1017 in as much as against the decision of the Bombay High Court in Sri Vallabh Glass Works Ltd. V. state of Maharashtra & others AIR 1990 Bombay 27 which also repelled the similar contention raised by Mr. Mittal in regard to applicability of Section 22 (3) of the Act and thus this writ petition is fit to be allowed.;