KITPLY INDUSTRIES LIMITED Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This petition, is directed against the order issuing process, dated 29th April, 2013, passed by the learned Magistrate as against the petitioners under Section 138 r/w 141 of the Negotiable Instruments Act.

(2.) A few facts as are necessary to decide the present petition are as under.

(3.) The short question, that arises for consideration in the present petition, is whether the direction/order dated 21st September, 2012, passed by the BIFR in a Miscellaneous Application preferred by the 'Wood Workers Union', restraining the petitioner no.1, from making any payment to the unsecured creditors without its approval, created a legal impediment, restraining the petitioners from making payment to the respondent no.2 and consequently debarring the respondent no.2, from filing a complaint under Section 138 of the Negotiable Instruments Act, as against the petitioners.