2001 (4) TMI 859

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..... JUDGMENT 1. The claim in the summary suit is based on goods sold, supplied and delivered by the plaintiff to the defendant under an invoice dated 27-1-1996. The total amount which is due and payable to the plaintiff under the invoice is Rs. 33,792. The plaintiff is entitled to an interest at the rate of 21 per cent per annum under the terms of the invoices. The claim in the suit is for an amount .....

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..... sold, supplied and delivered in 1996 which was much after the scheme was sanctioned. This point assumes some significance in the present case because the liability is not one which arises prior to the date of the sanctioned scheme. In fact, the sanctioned scheme would not make any reference to the outstanding dues of the plaintiff for the simple reason that these have arisen after the scheme was .....

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..... he contention was that the bar under section 22 is not attracted. This submission was dealt with in the following observations of the Supreme Court, it was held as follows: "10. On a fair reading of the provisions contained in chapter III of Act 1/1986 and in particular sections 15 to 22, we are of the opinion that the plea put forward by the revenue is reasonable and fair in all the circumstance .....

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..... ounts like sales tax, etc., which the sick industrial company is enabled to collect after the date of the sanctioned scheme legitimately belonging to the revenue, cannot be and could not have been intended to be covered within section 22 of the Act. Any other construction will be unreasonable and unfair and will lead to a state of affairs enabling the sick industrial unit to collect amounts due to .....

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..... heme to purchase goods from suppliers without being required to pay for the goods purchased. 5. This was the only point which was urged at the hearing of the summons for judgment. The learned counsel for the plaintiff has tendered the original documents together with a list which are taken on record and marked as Exh-A collectively. The plaintiff is entitled to a decree as prayed for. The suit is .....

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