IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY NINTH DAY OF JULY TWO THOUSAND AND TEN PRESENT HON’BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION No.2281 of 2008 Between: M/s.Sree Rayalaseema Paper Mills (P) Limited., now called as Sai Rayalaseema Paper mills Limited, ..... PETITIONER(S) AND S.Gireeswara Reddy .....RESPONDENT(S) HON’BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION No.2281 of 2008 ORDER: Petitioner, who is the judgment debtor, files this revision under Section 115 C.P.C. int er alia seeking to assail the correctness of the order passed in execution petition, which has been filed by the respondent-decree holder in pursuance of a decree for recovery of money. The main objection taken before the Court below as well as in this revision by the petitioner is that since it was declared as a sick industry within the meaning of Section 3(o) of the Sick Industries Companies (Special Provisions) Act, 1985 (for short – ‘the Act’), and since the respondent has not obtained permission from the Board for Industrial and Financial Reconstruction (BIFR) as required under Section 22 of the Act, no execution proceedings can be taken against it especially when the matters are pending before the BIFR. The Court below by taking into consideration all the circumstances does not find favour with the contention of the petitioner and rejected the same. Hence, the present revision. Heard the learned counsel for both sides. Perused the material available on record. It is quite apparent that in view of the aforementioned provision, the bar to proceed in execution, against an industry which was declared as sick industry, applies irrespective of the stage of the proceedings. Now, the liability of the petitioner is concerned, it is always open for the respondent-decree holder to approach the very same authority where the proceedings are pending and put forth his claim. However, in view of such bar, necessarily the proceedings have to be adjusted in the manner as ordered by the BIFR or otherwise. Therefore, the Civil Revision Petition is allowed and the order dated 08.04.2008 passed in E.P.No.221 of 2007 in O.S.No.101 of 1992 by the learned Additional Senior Civil Judge, Kurnool, is set aside with liberty to the respondent-decree holder to approach the BIFR authorities in accordance with law. It is also made clear that any of these proceedings or any observations made in these proceedings would not come up in the way of the proceedings before the BIFR. There shall be no order as to costs. ____________________ B.PRAKASH RAO, J 29th July, 2010 CVRK