9911796707
TMI Blog2001 (6) TMI 74X X X X Extracts X X X X X X X X Extracts X X X X ..... are hereby assailing correctness, propriety and legality of the judgment and order passed by the learned Single Bench of this Court by which the learned Judge decided W.P. Nos. 1333/97 [2000 (122) E.L.T. 338 (M.P.)] and 849/98. 2. Shri Patankar while assailing the correctness and legality of the said judgments and orders submitted that the learned Judge did not take into consideration the judgme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed that in addition to that, the BIFR pointed out in its judgment and order that the matter was under consideration for the purpose of preparation of the scheme. He submitted further that the challenge to such judgment and order by the appellant made before the AAIFR has also been dismissed. In view of that, Shri Chaphekar submitted that the appeals deserve to be dismissed. 4. That judgment of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sociation of the industrial company or any other instrument having effect under the said Act or other law, no proceedings for the winding up of the industrial company or for execution, distress or the like against any of the properties of the industrial company or for the appointment of a receiver in respect thereof (and no suit for the recovery of money or for the enforcement of any security agai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erefore, the word "distress" has to be given effect independently. If that is done, the submissions which have been advanced by Shri Patankar contending that by virtue of Section 22 of SICA the "distress" which was challenged by the said writ petitions which were decided by the learned Single Judge could not be touched either by BIFR or AAIFR. We are unable to agree with him because that is not so ..... X X X X Extracts X X X X X X X X Extracts X X X X
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