TMI Blog2001 (6) TMI 74X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 judgment of the Supreme Court in the matter of Suptd. of Central Excise, Jammu v. J ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 the Supreme Court quoted supra by itself indicates that it was an order passe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nder 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 against the industrial company or for any guarantee in respect of any loans or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 as it has been pointed out by us in above mentioned paragraph. Apart from ..... X X X X Extracts X X X X X X X X Extracts X X X X
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