Rai Ishwar Chand vs Rama Kant Singh And Others
2011 Latest Caselaw 3580 ALL

Citation : 2011 Latest Caselaw 3580 ALL
Judgement Date : 5 August, 2011

Allahabad High Court

Rai Ishwar Chand vs Rama Kant Singh And Others on 5 August, 2011

Bench: Abhinava Upadhya




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 

 
Case :- WRIT - C No. - 44216 of 2011
 

 
Petitioner :- Rai Ishwar Chand
 
Respondent :- Rama Kant Singh And Others
 
Petitioner Counsel :- C.K. Parekh
 

 
Hon'ble Abhinava Upadhya,J.

Issue notice to respondents returnable at an early .

Learned counsel for the petitioner may take steps within a week for service .

The respondents may file counter affidavit within three weeks. List thereafter.

The claim of the petitioner is that a suit for recovery was filed by the plaintiff respondents on account of his termination from service as employee of Ratna Sugar Mills. The petitioner was one of the Direrctor of the aforesaid mill. Subsequently, the said mill was acquired under U.P.Sugar Undertakings (Acquisition) Act, 1971 and pursuant to section 7 of the aforesaid Act, the liability of the erstwhile sugar mill became the liability of the corporation. It is further submitted by the learned counsel for the petitioner that the aforesaid suit was decreed exparte on 4.10.1986.

Learned counsel for the petitioner further submits that for the execution of the aforesaid decree Execution Case being Execution Case No.15 of 1987 was filed and the petitioner for the first time came to know about the case pursuant to the notice in the aforesaid execution case. The petitioner moved an objection before the executing court stating therein that he had no knowledge of the exparte decree as well as after the acquisition of the sugar mill under the aforesaid Act, the liability with regard to any decree or award is with the Prescribed Authority and not upon the petitioner and , therefore, the execution is being proceeded against law.

Learned counsel for the petitioner has made out a case for grant of interim order.

Till the next date of listing, the operation of the order dated 27.4.2011 passed in Execution case No.15 of 1987 pending before the Addl.District Judge, Court No.1, Varanasi for executing decree in civil suit No.183 of 1985 dated 4.10.1986 shall remain stayed.

Order Date :- 5.8.2011

VPC