BHAWANI PICTURES Vs. M P A ORS

JUDGEMENT

(1.) In the execution taken out by M/s. Bhawsni Pictures, Motion Pictures Association (hereinafter called "the Objected') has filed objections being E.A. No. 344/97 under Order XXI, Rule 58 read with Section 151, CPG. It is stated that by an order dated October 20,1997 objector has been directed to hand over the demand draft of Rs. 10 lakhs deposited with it by M/s. Samna Films. Objector has received the following claims from the creditors of said M/s. Bhawani Pictures : <FRM>JUDGEMENT_579_DLT72_1998Html1.htm</FRM> Bobby Enterprises is yet another creditor whose claim for Rs. l,81,210.00 already stands proved..

(2.) It is further stated that O.P. Mittal, Sole Proprietor of aforesaid M/s. Bhawani Pictures in the meeting of the Executive Committee of the Objector held on September 30, 1997 has admitted that monies to the tune of Rs. 30-35 lakhs are due from him towards the creditors. Said amount ofRs. 10 lakhs is not liable to be either attached or paid to M/s. Bhawani Pictures. It is prayed that the order dated October 20, 1997, be set aside.

(3.) In the reply M/s. Bhawani Pictures has, inter alia, stated that the provision contained in Rule 58 of Order XXI, Civil Procedure Code docs not apply and the objections are, therefore, gross abuse of the process of the Court. M/s. Samna Films deposited the draft for Rs. K) lakhs in the name and for the benefit of M/s. Bhawani Pictures. This amount is, thus, in trust with the Objector for and on behalf of M/s. Bhawani Pictures. It is emphatically denied that any amount is due to M/s. Rachna Cinema or M/s. Rakesh Cinema or M/s. Nishat Talkies or M/s. Chanakya Theatre or M/s.Alpana Cinema or M/s.Shree Talkies or Bobby Enterprises, as alleged. None of the said creditors has taken any action to establish their alleged dues. It is further stated that O.P. Mittal never admitted before the Executive Committee of the Objector on September 30, 1997 that monies to the tune of Rs-30-35 lakhs are due from him to various creditors. No such resolution was ever passed in the meeting dated September 30, 1997. It is alleged that the Objector is nobody to adjudicate upon the alleged claims of the said creditors.