Judgement

KHALID, J. :- Special leave granted.

2. This is an appeal by special leave against the Judgment and Order dated 5-1-1987, of the High Court of Madhya Pradesh, Bench at Indore, in Civil Revision No. 382 of 1986, by which the High Court affirmed the order dated 28-11-1986 of the District Judge Ujjain in Civil Execution Case No. 1249/86, filed by the respondent against the appellant.

3. The appellant is a textile undertaking at Agar Road, Ujjain. The Madhya Pradesh Government enacted the Madhya Pradesh Sahayata Upkram (Vishesh Upbandh) Adhiniyam, 1978 (No. 32 of 1978), for short the Act, with the object of giving relief to sick undertakings. Relief was given to the appellant-company first by notification No. F17-87-79-XI-B-1, dated 15-11-80, extended from time to time by subsequent orders, the relief so given to continue till 15-11-1987.

4. The respondent filed a summary suit against the appellant in the Bombay High Court on its original side, as summary suit No. 124/86, claiming a decree for Rs. 12,12,327.50, with interest and costs. The appellant did not contest the suit. The suit was accordingly decreed. The respondent got the decree transferred for execution to the District