1 CA 16654.10 in FA 2981.2009 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 16654 OF 2010 IN FIRST APPEAL NO. 2981 OF 2009 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's Orders Mr. V.J.Dixit, Sr. Counsel instructed by Mr. S.G.Dankh, Advocate for the applicant. Mr. P.V.Mandlik, Sr. Counsel instructed by Mr. A.S.Gandhi, Advocate for the applicant. ............................... CORAM : S.V. GANGAPURWALA, J. DATE : 01/12/2010 PER COURT : 1. This is an application seeking fixed date of hearing of the Appeal. 2. Mr. V.J.Dixit, learned Sr. Counsel for the applicant states that the question involved is about the interpretation of the scheme as framed by the B.I.F.R. According to the learned Sr. Counsel, the proceedings can not be proceeded against the Company, wherein the scheme is framed under the provisions of the Sick Industrial Companies ( Special Provisions ) Act, 1985. The learned Sr. Counsel further submits that this Court had already 2 CA 16654.10 in FA 2981.2009 fixed the Appeal for final hearing at 2.30 p.m. On 24/8/2010, but as the record and proceedings were not received, the hearing could not take place and the matter was adjourned for two weeks and the reminder was issued. Thereafter again on 9/9/2010 the matter was adjourned as the record and proceedings were not received. 3. In light of the same, the Appeal could not be heard. The learned Sr. counsel contends that the applicant is pressing hard for execution. 4. Mr. P.V. Mandlik, learned Sr. Counsel for the respondents submits that the matter is fresh one and the appellant is the Judgment Debtor. No latitude can be shown to the applicant, who is avoiding to pay the amount. The learned Sr. Counsel further submits that the applicant is taking dis-advantage of the fact that the Appeal is being fixed and is thwarting the execution proceedings. 5. The record shows that the Appeal was already fixed for final hearing at 2.30 p.m. on 24/8/2010, but the hearing could not take place. The paper book is also filed on record. The record and proceedings is not received. The application for stay stood rejected and thereafter the Appeal was peremptorily fixed for final hearing. 6. In light of the same, fix the present Appeal for final hearing in the week commencing from 3 CA 16654.10 in FA 2981.2009 10/1/2011. The present Civil Application is disposed of. [ S.V. GANGAPURWALA ] JUDGE knp/CA 16654.10 in FA 2981.2009