LML LIMITED Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) We have heard Mr. M.L. Lahoty, learned counsel for the petitioner and Mr. Manoj Goel, learned counsel for the respondent No.3.

(2.) We do not think that in the present case, it is necessary to deal with the question of law, whether the expression "pre-deposit" used in Sec. 19 of the Micro, Small and Medium Enterprises Development Act, 2006 (for short "2006 Act") is covered within the expression "execution, distress or the like" in Sec. 22(1) of the Sick Industrial Companies (Special Provisions) Act, 1985 (for short "1985 Act").

(3.) Bereft of unnecessary details, suffice it to say that petitioner made a reference under Sec. 15(1) of the 1985 Act on 8.9.2006. The Board for Industrial and Financial Reconstruction (BIFR) registered the reference on 15.9.2006. Somewhere in Sept., 2006, respondent No. 3 filed a Claim Petition before the Industries Facilitation Council, Kanpur (for short "the Council") under Sec. 6 of the Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act, 1993 (for short "1993 Act") to recover the amount of 17,37,994.40 along with interest for the supply of parts made to the petitioner company payment of which was not made.