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1987 (5) TMI 368 - SC - Indian LawsWhether on a true construction of Section 5 of the Madhya Pradesh Sahayata Upkram (Vishesh Upbandh) Adhiniyam, 1978 Act, execution of the exparte decree obtained by the respondent against the petitioner at Bombay can be instituted, commenced or proceeded with by the respondent against the petitioner, even though the petitioner's textile undertaking is admittedly a State Relief Undertaking under the Act? Whether Section 5 of the aforesaid Act is substantive law or procedural law? Held that:- High Court completely overlooked the purpose of the Act and the limited period of operation of Section 5 to held that there was no bar against execution of the decree after considering the effect of Section 5 quoted above on the general law governing decrees and their execution as provided in the Civil Procedure Code. A contention was raised that Section 5 cannot apply to post notification liabilities but the reading of the Sections does not permit such an interpretation. The object of Section 5 is to protect the relief undertakings from all suits and legal proceedings. This protection is to end on 18-11-1987. We hold that the High Court was in error in allowing execution to proceed. Set aside the order of the High court and allow this appeal.
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