INFRASTRUCTURE LEASING Vs. SUN EARTH CERAMICS

JUDGEMENT

(1.) THIS is a plaintiffs motion for appointment of the Receiver of the leased equipment.

(2.) THE plaintiffs have leased equipment to the defendants under an agreement dated 17th December, 1999. Relevant Clause No. 2. 4 of the Agreement reads as follows :-

(3.) MR. Kadam, learned Counsel for the defendants resisted the continuance of the suit and passing of any order for appointment of the receiver relying on the Notification of the State Government dated 10th June, 2003 issued by order and in the name of the Governor of Maharashtra in exercise of powers conferred by section 3 and sub-clause (iv) of Clause (a) of sub-section (1) of section 4 of the Bombay Relief Undertakings (Special Provisions) Act, 1958. hereinafter referred to as "the Act". Paragraph (a) of the Notification declares that the defendant company be conducted to serve as a measure of an unemployment relief for a period of six months since it has been granted financial assistance of Rs. 34,17,53,473. 00 by the Government of Maharashtra under the Package Scheme of Incentives. Paragraph (b) of the Notification contains a direction that for the said period of six months commencing from 9th June, 2003 and ending on 8th December, 2003 any right, privilege, obligation or liability, excepting the obligations or liabilities incurred in favour of the workmen of the said relief undertaking, under the legislations specified therein such as Employees State Insurance Corporation Act, Bombay Sales tax Act, Land Revenue Code, etc. accrued or incurred before the 10th June, 2003 and any remedy for the enforcement thereof shall be suspended and all proceedings relating thereto pending before any Court, Tribunal, officer or authority shall be stayed.