M/S GARHA GEARS LIMITED Vs. GOVINDA MUNDRA

JUDGEMENT

(1.) The petitioner has filed the present petition being aggrieved by the order dated 03.02.2016 passed by the 3rd Additional District Judge, Dewas by which the warrant has been issued against the petitioner for recovery of the amount in pursuant to the order passed under the Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act, 1993.

(2.) The respondent in order to recovery the amount of Rs. 34,513/- and interest Rs. 90,000/- under the Act approached the Industry Facilitation Council, Bhopal. The council has passed the award on 21.08.2002 in favour of the respondent and thereafter the same was amended vide order dated 26.03.2003. The petitioners had challenged the said award by way of application under section 34 of the Arbitration and Conciliation Act, 1996 before the 10th Additional District Judge by order dated 23.04.2008. The application had been dismissed and award has attained finality. Thereafter, the respondent initiated an execution proceeding seeking recovery of amount under the decree dated 26.03.2003 before the civil Court.

(3.) After notice received by the executing Court the petitioner appeared and filed application under section 151 of the CPC that the petitioner company had approached the Board for financial reconstruction Delhi and vide order dated 13.10.2011 the Board has stayed all the operation of the petitioner company, therefore, as per the provisions of section 22 of the Sick Industrial Companies (Special Provisions) Act, 1985 (SICA in short) matter cannot be proceeded without the leave of BIFR.