TMI Blog1998 (11) TMI 504X X X X Extracts X X X X X X X X Extracts X X X X ..... tioner/judgment debtor is directed against the order, dated 24-8-1998 passed by Additional District Judge, Indore, in Execution Case No. 6B of 1997-98, dismissing petitioner's application under section 22 of the Sick Industrial Companies (Special Provisions) Act, 1985 ('the Act'). 2. On a suit filed by the respondent against the petitioner-corporation, a decree for payment of Rs. 62,509.80 has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tional Dis- trict Judge dismissed the application holding that in the present case, the provisions of the Act were not attracted. 3. I have heard Shri S.S. Samvatsar, the learned counsel for the petitioner and Shri S.C. Bagdiya, senior counsel with Shri Ajay Bagdiya, for the respondent. 4. It is not disputed before me that a reference under section 15 of the Act has been made by the Board ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . It is nobody's case that any such consent was obtained by the respondent. 5. It is, however, contended by Shri Bagdiya, the learned senior counsel for the respondent, that the Court below having issued distress warrant and the respondent thereupon having passed a cheque for payment of money to the respondent, nothing remains to be done in the execution case and the application filed by the p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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