Harish Bagla vs M/S Betul Oils Limited
2023 Latest Caselaw 6476 MP

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IN             THE                   HIGH                     COURT OF MADHYA PRADESH
                                                              AT JABALPUR
                                        BEFORE
                          HON'BLE SHRI JUSTICE SANJAY DWIVEDI
                                ON THE 21st OF APRIL, 2023
                              MISC. PETITION No.683 OF 2023
BETWEEN:-
1.                HARISH BAGLA S/O GAURI PRASAD BAGLA
                  AGED ABOUT 53 YEARS, R/O 6, ASHOKA ROAD,
                  JAISALMER BUILDING, ALIPORE KOLKATA
                  -700027 (WEST BENGAL)
2.                MRS. ARCHANA BAGLA W/O MR. HARISH BAGLA
                  AGED ABOUT 46 YEARS, R/O 6 ASHOKA ROAD,
                  JAISALMER BUILDING, ALIPORE KOLKATA-
                  700027 (WEST BENGAL)
                                                                                                                               .....PETITIONERS
(BY SHRI ABHISHEK DILRAJ - ADVOCATE)

AND

1.                M/S BETUL OILS LIMITED THROUGH ITS
                  DIRECTOR- NILAY DAGA S/O SHRI VINOD DAGA
                  REGISTERED OFFICE-KOSMI INDUSTRIAL AREA
                  ITARSI ROAD, TEHSIL - BETUL, DISTRICT
                  BETUL, (MP)
2.                M/S AMRIT HATCHERIES PRIVATE LIMITED
                  THROUGH THE LIQUIDATOR MR. BIJAY
                  MURMURIYA       SUMEDHA       MANAGEMENT
                  PRIVATE LIMITED IDEAL PLAZA 11/1 SARAT
                  BOSE RAOD 4TH FLOOR SOUTH BLOCK, ROOM
                  NO.405, KOLKATA 700020 (WEST BENGAL)
                                                                                                                            .....RESPONDENTS
(NONE)
.............................................................................................................................................................................

                            This petition coming on for admission this day, the court
passed the following:
                                       2

                                      ORDER

By this miscellaneous petition filed under Article 227 of the Constitution of India, the petitioners are challenging the order dated 09.01.2023 (Annexure-P/6) passed in Execution Case No.Ex.B/002/2018 pending before the Court of Second Additional District Judge, Betul, MP.

2. Learned counsel for the petitioners submits in an identical case three ex parte decrees in a suit pending between the same parties have been passed by the Court below and all the ex parte decrees have been placed before the Executing Court for its execution and as such, three execution cases got registered. In one of the cases, the order passed by the Executing Court on 09.01.2023 was challenged before this Court by filing a miscellaneous petition i.e. M.P. No.680 of 2023 [Harish Bagla and another Vs. M/s Betul Oils Limited and another], which vide order dated 13.02.2023 got dismissed by the co-ordinate Bench directing the petitioners therein to raise objection before the Executing Court on the basis of which they are seeking interference by this Court. However, learned counsel for the petitioners submits that the Executing Court failed to consider that respondent No.2 is under liquidation and moratorium has been declared against it in terms of Section 14 of the Insolvency and Bankruptcy Code, which provides that there shall be a prohibition on further adjudication on any suits or proceeding including execution of any judgment, decree or any order in any Court of Law and, therefore, the Executing Court should not proceed further.

3. Heard the arguments advanced by learned counsel for the petitioners and perused the record.

4. Since the objection as is being raised by the petitioners before this Court was not placed before the Executing Court and without dealing

it or giving any finding thereof, in a petition filed under Article 227 of the Constitution of India when this Court is exercising supervisory jurisdiction, it would not be proper to give any finding on that objection, therefore, this petition is dismissed giving liberty to the petitioners to first raise objection before the Executing Court and if it is required then only they may file a fresh petition showing their grievance with the finding, if any, is given against them, but at this stage, no case is made out warranting interference.

5. With the aforesaid liberty, the petition filed by the petitioners stands dismissed.

(SANJAY DWIVEDI) JUDGE Devashish DEVASHISH MISHRA 2023.04.21 18:52:24 +05'30'