(Per : HONOURABLE MR.JUSTICE AKIL KURESHI)
1. RULE returnable on 2nd April 2012. Learned counsel Ms. Bhaya waives service of Rule on behalf of the respondents.
2. The applicant has prayed for stay of order dated 20.3.2012 passed by Executing Court in execution proceedings instituted by the respondents, i.e. electricity company and its officers. By such order, applications given by the present applicant seeking stay of the execution proceedings came to be dismissed. The applicant has also prayed for stay of the further proceedings of execution.
3. Prima facie, noting that the applicant company is covered under a scheme framed by BIFR under Sick Industrial Companies (Special Provisions) Act, 1985 (for short, 'SICA'), we are of the opinion that the question, whether the Executing Court can proceed further with execution for recovery of unpaid dues of the electricity company, would have to be examined in view of the provisions contained in Section 22 of SICA.
4. Under the circumstances, by way of ad-interim relief, execution proceedings pending before the Executing Court are stayed.
5. Counsel for the electricity company pointed out that the electricity connection of the applicant company has already been disconnected.
Direct Service is permitted today.
(AKIL KURESHI, J.) (C.L.
SONI, J.) omkar Top