1998 (11) TMI 504

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....ent. ORDER N.K. Jain, J. - This revision by the petitioner/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 petition....

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....lication was resisted by the respondent. The learned Additional 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 ....

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....eded with further, except with the consent of the Board. 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....