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2009 Supreme(P&H) 349

RAJESH BINDAL
D. K. Chemicals Ltd. – Appellant
Versus
M/s Rana Mahendra Papers Ltd. And Others – Respondent


Judgment

Rajesh Bindal, J.

1. The plaintiff has approached this Court by filing the present petition challenging the order dated 1.3.2007, passed by learned Civil Judge (Junior Division), Kharar, whereby the application filed by respondent No. 1 under Section 22 of the Sick Industrial Companies (Special Provisions) Act, 1985 (for short, the Act) for stay of execution proceedings was accepted and auction of the property of respondent No. 1 -judgment debtor and further proceedings were stayed.

2. Briefly, the facts are that the petitioner filed a suit against the respondents for recovery of price for supply of goods, which was decreed by the trial court on 10.2.2005. Even the appeal filed by respondent No. 1-JD was dismissed on 28.7.2005, meaning thereby that the decree under execution attained finality. The petitioner filed execution of the decree. The property in question was attached under Order 38 Rule 5 CPC. In the execution, respondent No. 1-JD filed objections which were dismissed on 2.6.2005. The objections filed second time were also dismissed on 31.1.2006. While the execution proceedings were in progress, respondent No. 1-JD filed an application under Section 22 of the Act p




























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