DUNCANS INDUSTRIES LTD Vs. NARAYAN KUMAR KHAITAN

JUDGEMENT

(1.) This application is at the instance of a judgment debtor and is directed against the order dated August 31, 2010 passed by the learned State Consumer Disputes Redressal Commission in revision case No. RC/72/2010 arising out of the execution case No. 126 of 2008.

(2.) The short fact of the case is that the opposite party/complainant got an award of Rs. 3,00,000/-only with interest and litigation costs against the Petitioner passed by the learned State Consumer Disputes Redressal Commission (henceforth shall be called 'State Commission') in an appeal arising out of the case filed by the complainant before the District Forum. Against that order of the appellate forum, no revision before the National Commission or before the High Court was initiated. Thereafter, the opposite party put the said award into execution against the Petitioner, as no payment was made as per direction of the appellate forum. The Petitioner prayed for stay of the execution case and that prayer was rejected by the executing court by an order dated April 28, 2010. Being aggrieved, the Petitioner preferred a revisional application before the State Commission and that revisional application was also dismissed affirming the order of the executing court. Being aggrieved by such orders, this application has been preferred.

(3.) Mr. Mitra, learned senior Advocate appearing on behalf of the Petitioner, submits that the Petitioner company is a sick one and it went on to BIFR. So, according to the provisions of Section 22 of the SICA [Sick Industrial Companies (Special Provisions)] Act, 1985, such a proceeding should be stayed. The question of payment of money does not arise at present until a final decision is made under the provisions of the SICA Act. But the State Commission has failed to take a notice of such fact and so the impugned order should be set aside.