-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 1750 OF 2004 CHAMBER SUMMONS NO. 1750 OF 2004 CHAMBER SUMMONS NO. 1750 OF 2004 IN IN IN EXECUTION APPLICATION NO. 22 OF 2004 EXECUTION APPLICATION NO. 22 OF 2004 EXECUTION APPLICATION NO. 22 OF 2004 IN IN IN KOLHAPUR SPECIAL CIVIL SUIT NO. 203 OF 2000 KOLHAPUR SPECIAL CIVIL SUIT NO. 203 OF 2000 KOLHAPUR SPECIAL CIVIL SUIT NO. 203 OF 2000 Kulkarni Power Tools Ltd.... .. ... Plaintiffs. Versus Artson Engineering Ltd..... ......Defendants. Ms. Swapnila Rane for the Applicants. Mr. Rajesh More for the Plaintiffs. CORAM : A. M. KHANWILKAR, J. CORAM : A. M. KHANWILKAR, J. CORAM : A. M. KHANWILKAR, J. DATED : JULY 26, 2005. DATED : JULY 26, 2005. DATED : JULY 26, 2005. P.C.: P.C.: P.C.: Heard learned Counsel for the parties. 2. As it is not in dispute that the Applicant Company is before BIFR and Reference has been registered on 12th January, 2004 bearing Case No. 152 of 2004 and the same is still pending consideration of the Board, no execution proceeding can proceed against the -: 2 :- property of the Company. Accordingly, the Chamber Summons is made absolute in terms of prayer clause (a). No order as to costs. 3. It is made clear that it will be open to the Plaintiffs to apply for appropriate relief after the Respondent Company is out of BIFR. All questions on merits of the matter are kept open. 4. Applicant undertakes to inform the Plaintiff about the status of BIFR proceedings regularly at least once in six months till the said proceedings are finally concluded one way or the other. Sd/- (A. M. KHANWILKAR,J.) (A. M. KHANWILKAR,J.) (A. M. KHANWILKAR,J.)