1. Leave to amend the cause title. Amendment be carried out forthwith.
2. Heard learned advocates, Mr.S.N.Bhatt for the petitioner, Mr.C.H.Vora for the respondent No.1 and Mr.Savan Pandya for the respondent No.3-State.
3. It is submitted by Mr.Bhatt that petitioner has challenged the entire execution proceedings on the ground that respondent No.2, M./s Diamond Tiles Ltd., was declared as a sick unit and reference for which was pending before the BIFR. It is further submitted that earlier, applications Exs.40 and 46 submitted by the original company and present respondent respectively were allowed by a common order and sale proceedings were stayed by the trial court. Neither party has challenged said order. Inspite of that, it is submitted by Mr.Bhatt that trial court has again issued proclamation which is at page 24 and, therefore, filed this petition wherein interim relief was granted.
4. It is to be noted that the matter is very old. Considering the peculiar facts of the case, if petitioner is directed to file appropriate application before the trial court for stay of execution proceedings taking all the contentions raised here, interest of justice will be met.
5. In view of the above, petitioner is directed to approach the trial court with a liberty to raise all the contentions taken here. As and when such an application is moved, trial court is directed to decide the same in accordance with law without being influenced by the order passed today. With the above observation and direction, this petition is disposed of. Rule is discharged. Interim relief stands vacated.
(M.D.SHAH, J.) RADHAN