THE HON’BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.611 OF 2003 ORDER: This Civil Revision Petition, under Section 115 of the Code of Civil Procedure, 1908, (for short, “C.P.C.”) is directed against the order, dated 09.01.2003, E.P.No.235 of 2000 in O.S.No.54 of 1992, on the file of the Principal Senior Civil Judge, Kurnool, whereunder and whereby, the objections of the petitioner/judgment debtor are overruled and the attachment effected is made absolute. 2. The Execution Petition is filed by the respondent/decree holder to attach the E.P. schedule property and sell them in public action in terms of Order XXI Rules 54 and 66 C.P.C. The schedule property was attached on 31.06.2001. Thereafter, the petitioner - company filed its objections stating that the company became sick; that the matter was before Board for Industrial Financial and Reconstruction (for short, “B.I.F.R.”) and therefore, the decree is void and the executing Court cannot execute the decree against the present Management. 3. Learned counsel for the petitioner contended that the B.I.F.R. declared the petitioner - company as sick under the provisions of the Sick Industrial Companies (Special Provisions) Act, 1985 (for short, “the Act”) in the year 1989 and sanctioned a rehabilitation scheme in favour of the petitioner – company; that the scheme is under process of implementation; that it is the subject matter of S.L.P. (Civil) No.21580 – 21581 of 2002, before the Honourable Supreme Court and hence, he prays to set aside the impugned order. 4. In spite of service of notice, none appears for the respondent. 5. As seen from the counter affidavit filed by the petitioner – company in the executing Court, the present suit debt is not shown in the rehabilitation scheme and so, the present management is not liable for the suit debt; that B.I.F.R. is controlling the petitioner herein – company and the petitioner herein is still a sick industry. Except the said allegations, there is no material filed by the petitioner – company to show that it became sick industry under the provisions of the Act; that the management was taken over by B.I.F.R.; that a scheme is prepared and that the debt due to the respondent/decree holder is not shown in the scheme prepared by the present management. Therefore, absolutely there is no evidence to show that the debt payable to the respondent is not shown in the scheme prepared for rehabilitation of the petitioner - company. It is not in dispute that B.V. Satya Sai Prasad Associates took over the company and is managing the affairs of the company. Therefore, in the absence of any evidence, the trial Court rightly passed the impugned order. Hence, there are no grounds to interfere with the impugned order. However, the petitioner/judgment debtor can as well raise all its contentions before the executing Court including preparation of Scheme of rehabilitation; petitioner – company is a sick industry and whether the execution proceedings are maintainable when an industry is declared as sick under Section 22 of the Act. 6. With the above observation, the Civil Revision Petition is disposed of. There shall be no order as to costs. _______________ K.C. BHANU, J December 09, 2010 MD IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE NINETH DAY OF DECEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.611 OF 2003 Between: M/s. Sree Rayalaseema Paper Mills Limited .....PETITIONER AND Company Law Institute of India (Pvt.) Limited ....RESPONDENT The Court made the following: THE HON’BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.611 OF 2003 December 09, 2010