MADURA COATS PVT. LTD. Vs. DUNLOP INDIA LTD.

JUDGEMENT

(1.) One Madura Coats Pvt. Ltd. has filed this application under Or 21 r. 11(2) of the Civil Procedure Code, 1908 for execution of the decree dated June 21st, 2005 made in Civil Suit No. 194 of 2003 (Madura Coats Ltd. Vs. Dunlop India Ltd.). It is submitted that in pursuance of section 21 of the Companies Act, 1956, Madura Coats Ltd. changed its name, and that it is continuing the proceedings by its new name.

(2.) Alleging non-payment of price of goods sold and delivered that Madura Coats Ltd. instituted the suit. It took out an application under ch. 13A of the original side rules of this Court, and on the basis thereof a decree on contest was made on June 21st, 2005. Feeling aggrieved the defendant in the suit preferred an appeal before the division bench of this Court that made a conditional stay order dated Oct. 5th, 2005. Alleging that the condition having not been complied with, the decree became executable, it put the decree into execution, by its new name, by filing the present application; it was filed on April 24th 2006.

(3.) The certified copy of the decree made in the suit was produced with the execution application. During pendency of the execution application the appeal of the defendant in the suit came to be decided on merits. By judgment and order dated June 19th, 2006 that was dismissed. Since the decree of the appeal Court was not on records of the execution case, a few orders were made for enabling the decree-holder to collect the certified copy of that decree. That has been produced in Court in course of hearing today.