IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 17TH AUGUST 2011 / 26TH SRAVANA 1933 OP(C).No. 1526 of 2011(O) ------------------------------------- [ARISING OUT OF E.A. NO. 339/2008 IN E.P.NO.1/2008 IN O.S. NO. 63/2004 OF THE SUB COURT, ALAPPUZHA] ............. PETITIONER: ------------------- S.VASUDEVAN, S/O.SANTHARAM, PROPRIETOR, M/S.V.M.S.ENTERPRISES NO.67, (OLD NO.27), BURKIT ROAD, T.NAGAR, CHENNAI-400 017. BY ADV. SRI.R.AZAD BABU. RESPONDENT: ---------------------- KERALA STATE DRUGS & PHARMACEUTICALS LTD., KALAVOOR, ALAPPUZHA, REPRESENTED BY ITS MANAGING DIRECTOR – 688 522. BY ADV. SRI.B.SAJEEV KUMAR,S.C. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 17/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.(C).NO.1526/2011-O: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE FINAL DECREE DTD. 24/03/2007 IN O.S. NO. 63/2004 OF THE SUB COURT, ALAPPUZHA. EXT.P.2: COPY OF THE E.P.NO.1/2008 DTD. 01/01/2008 IN O.S. NO.63/2004 OF THE SUB COURT, ALAPPUZHA. EXT.P.3: COPY OF THE E.A. NO. 339/08 DTD. 06/08/2008. EXT.P.4: COPY OF THE OBJECTIONS TO E.A. NO.339/08 DTD. 25/08/2008 FILED BY THE DECREE HOLDER. EXT.P.5: COPY OF THE KERALA RELIEF UNDERTAKING (SPECIAL PROVISIONS) ACT 1961. EXT.P.6: COPY OF THE NOTIFICATION NO.G.O.(RT).NO.437/07/ID DTD. 18/09/2007 PUBLISHED IN THE KERALA GAZETTE. EXT.P.7: COPY OF THE WRITE UP PUBLISHED IN THE DESABHIMANI DAILY DTD. 29/11/2010. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.1526 of 2011 -------------------------------------- Dated this the 17th day of August, 2011. JUDGMENT Petitioner is the decree holder in E.P.No.1 of 2008 in O.S.No.63 of 2004 of the court of learned Sub Judge, Alappuzha. Petitioner obtained Ext.P1, money decree against the respondent and sought execution. Respondent which is a Government owned company filed E.A.No.339 of 2008 claiming protection of Ext.P6, notification issued by the Government declaring the said company as a relief undertaking under the Kerala Relief Undertaking (Special Provisions) Act, 1961 for a period of two years from 29.03.2007. Petitioner approached this Court for a direction to the learned Sub Judge to proceed with Ext.P2, execution application. 2. Learned counsel for respondent has submitted that though the period covered by Ext.P6, notification expired by 29.03.2009, as per notification - G.O.(Rt) 217/2011/ID dated February 14, 2011 the period has been extended for a further period of one year from March 29,2011 and hence in view of Clause (iv) of SRO No.155/2011, any liability or obligation of the undertaking accrued or incurred before it was declared as a relief undertaking and any remedy for the enforcement thereof shall be suspended and all the proceedings relating thereto pending before any court, tribunal, officer or authority shall be stayed. OP(C) No.1526/2011 2 3. When faced with the above notification and SRO, learned counsel for petitioner requested that right of petitioner to challenge the said notification since according to the petitioner respondent company is running at a profit, may be reserved. 4. As things stands now execution proceeding cannot proceed further. It is a different matter that petitioner could challenge the notification and SRO on appropriate grounds as are available to him. Having regard to the circumstances, this Original Petition is disposed of as follows: i. Learned Sub Judge, Alappuzha is directed to keep in abeyance all proceedings in E.P.No.1 of 2008 in O.S.No.63 of 2004 of that court for a period of one year from March 29, 2011 or, till appropriate orders are passed by this Court on the validity of notification above stated as learned counsel for petitioner contends, whichever is earlier. ii. It is made clear that it is open to the petitioner to challenge validity of the notification as provided under law on appropriate grounds as are available to him. THOMAS P.JOSEPH, Judge. cks