LAWS(MPH)-1991-3-8

BADRI PRASAD BALDEV PRASAD Vs. AEROFIL PAPER LTD

Decided On March 15, 1991
BADRI PRASAD BALDEV PRASAD Appellant
V/S
AEROFIL PAPER LTD.INDUSTRIAL AREA, BANMORE Respondents

JUDGEMENT

(1.) The plaintiff/petitioner is aggrieved by an order of the trial Court staying the proceedings in a suit filed by the petitioner against the non-petitioner on account of the latter having been declared a relief undertaking within the meaning of Ss. 2(3) and 3 of the M.P. Sahayata Upkram (Vishesh Upabandh) Adniniyam, 1978 (hereinafter referred to as the Act).

(2.) It is not disputed that the non-petitioner industry has been declared a relief-undertaking u/S. 3 of the Act. Notification dated 8-6-1990 to that effect has been filed before the trial Court. The plaintiff/petitioner who is a mercantile firm has filed a suit for recovery of the price of the goods supplied by it to the non-petitioner.

(3.) Section 6 of the Act reads as under: