(1.) THIS is a revision petition against the order dated 28.6.2005 passed by the District Forum. Hoshiarpur whereby an execution application filed by the complainant decree holder against the Pioneer Forests India Ltd. has been disposed of. The order reads as under:
(2.) THE aforesaid section of the Companies Act is very clear that no proceeding in any Court can be commenced or if already pending can be continued except with the permission of the Company Judge. Reference has been made to this Commission s judgment , International Housing Development Corporation Ltd. v. Suniti Pal, 1998 1 CPJ 580 to contend that provisions of Section 446 of the Companies Act is no bar to the continuance of the proceedings under Section 27 of Consumer Protection Act.
(3.) IT may be highlighted here that in the present case the order in favour of the complainant was passed on 15.4.2004 by the District Forum by which certain amount was made payable to him (present petitioner). The application under Section 27 was filed on 16.9.2004 whereas the order of winding up of the respondent Company was passed on 10.9.2004. In paragraph 11 of the judgment cited by the petitioner s Counsel it has been observed as under: