Ram Mohan Bhagwandas Jain ... vs Jayant Vitamins Limited
2022 Latest Caselaw 5741 MP

                                      1
              IN THE HIGH COURT OF MADHYA PRADESH
                            AT INDORE
                                   BEFORE
                    HON'BLE SHRI JUSTICE VIRENDER SINGH
                            ON THE 20th OF APRIL, 2022

                      MISC. PETITION No. 2994 of 2019

         Between:-
         RAM MOHAN BHAGWANDAS JAIN PROPRITOR
         THE GOOD TRANSPORT BUJNESS KERID ON IN
         THE NAME AND STYLE OF BR ROAD LINES THR.
         POWER OF ATTORNEY MANOJ JAIN S/O
         RAMOHAN JAIN 352, RUSHABH APARTMENT DR.
         PAREKH STEET PRASTHNA SAMAJ MUMBAI
         (MAHARASHTRA)

                                                                       .....PETITIONER
         (BY SHRI RISHI AGRAWAL, ADVOCATE )

         AND

1.       JAYANT VITAMINS LIMITED REGISTEED OFFICE
         AT DONSIGAON INDUSTRIES AREA RATOLAM
         AND BOMBAY OFFICE PAR REHEJA FIRST FLOOR
         PLOT NO.214 NARIMAN POINT BUMBBAY
         (MADHYA PRADESH)

2.       TEHSILDAR THE STATE OF MADHYA PRADESH
         GOVT. OF M.P. , RATLAM (MADHYA PRADESH)

                                                                     .....RESPONDENTS
         (BY SHRI HITENDRA TRIPATHI, Dy. G.A.)

      This petition coming on for orders this day, the court passed the following:
                                       ORDER

With consent of the parties, this petition is heard finally. Feeling aggrieved by order dated 11.04.2019 passed by Fourth Additional District Judge, Ratlam in Execution Case No.22/2015, the petitioner who is a decree holder is before this Court.

By the impugned order, the ld. Executing Court refused to accede to the prayer of the petitioner to execute the decree of recovery of Rs.36,84,239/- passed in his favour, considering that in compliance of the direction of this Court passed in W.P. No.7250/2013 and W.P. No.282/2013, the amount is required to disburse to the workers of the erstwhile company/judgment debtor.

The ld. counsel for the petitioner demonstrated two orders dated 02.03.2017 passed in W.P. No.5530/2012 and W.P. No.7250/2013 to show that these petitions have been dismissed by this Court after full settlement of the grievance of the

petitioners therein. Therefore, the ground taken by the ld. Executing Court does not survive.

The ld. counsel for the petitioner further submitted that the order passed in W.P. No.282/2013, reliance whereof has been placed by the Executing Court in the

impugned order, has no relevance in the present matter and the same may be ignored.

Be that as it may, admittedly, after satisfying all the orders of this Court in respect of disbursement of the amounts to discharge the liability of the company towards the creditors/workers, surplus money of Rs.36,77,145/- is lying with the State and the State has no objection if that money is paid to the decree holder/petitioner in execution of the decree passed in his favour.

Such facts have been mentioned by the State in Para 7 and 9 of the reply dated 07.03.2022 of I.A. No.2866/2019.

In view of the aforesaid and undisputed status of the facts, the petition is allowed.

The Executing Court is directed to execute the decree upto Rs.36,77,145/- lying with the State on behalf of the judgment debtor.

With the aforesaid, the petition is allowed and disposed off. All pending IAs, if any, stand closed.

(VIRENDER SINGH) JUDGE

Digitally signed by VINOD VISHWAKARMA Date: 2022.04.21 14:53:04 +05'30'