N.K. Jain, J. - (1.) This revision by the petitioner/judgment debtor is directed against the order, dated 24-8-1998 passed by Additional District Judge, Indore, in Execution Case No. 6B of 1997-98, dismissing petitioner's application under section 22 of the Sick Industrial Companies (Special Provisions) Act, 1985 ('the Act').
(2.) On a suit filed by the respondent against the petitioner-corporation, a decree for payment of Rs. 62,509.80 has been passed and which has been put to execution by the respondent in the Court of Additional District Judge, Indore. A warrant for attachment of the property of the petitioner- corporation was issued by the executing Court. On 24-7-1998, when the bailiff of the Court sought to execute the warrant, the concerning officer of the petitioner-corporation issued a cheque in respondent's name for the aforesaid amount and handed it over to the Court's bailiff. On 25-7-1998, an application was made on behalf of the petitioner before the executing Court under section 22 of the Act praying for stay of the execution proceedings. It was prayed that the cheque so issued may not be handed over to the respondent decree-holder for encashment. The application was resisted by the respondent. The learned Additional District Judge dismissed the application holding that in the present case, the provisions of the Act were not attracted.
(3.) I have heard Shri S.S. Samvatsar, the learned counsel for the petitioner and Shri S.C. Bagdiya, senior counsel with Shri Ajay Bagdiya, for the respondent.;