MADRAS ENGINEERING WORKS Vs. ALLIED RESINS & CHEMICALS

JUDGEMENT

(1.) The Court: This is an application filed by the judgement debtor praying for a direction upon the Registrar to take effective step of filing an application under Section 340 of the Code of Criminal Procedure, 1973 arising out of the non-compliance under Section 41 of the Code of Civil Procedure, 1998 in respect of the order dated 30th June, 2010 in EC 101 of 2010. This is another attempt by the judgement-debtor to forestall execution of the decree and to divert attention of this Court from the contumacious conduct of the judgement debtor company.

(2.) The petition refers to events that were considered earlier by a Division Bench of this Court and later on by the Single Bench. The petition refers to the proceeding before the BIFR and the subsequent events that have taken place by which the transferor company, namely, Allied Resins & Chemicals Limited was declared to be no longer a sick industrial company under Section 3(1)(o) of the Sick Industrial Companies (Special Provisions) Act, 1985. The aforesaid orders have referred to the order passed by the BIFR on 2nd September, 2011. The judgment debtor in this application made an attempt to reagitate the issue of res judicata and the similar other issues that were earlier considered and rejected.

(3.) To begin with, the Court may refer to the order passed by the Hon'ble Division Bench on 21st April, 2017 by which all the issues raised in this petition were considered and rejected.