1 wp5389-11 jpc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 5389 OF 2011 Maharashtra Polybutene Limited .. Petitioner Versus Anil Moray and another .. Respondents Mr. Rajendra M. Mishra for the petitioner Ms. S. V. Sonawane for respondent no.1 CORAM : R. Y. GANOO, J. DATED : 21st October, 2011 P.C. 1. Rule. Rule returnable forthwith. By consent, petition is taken up for hearing. 2. In Regular Civil Suit no. 4605 of 1997, the learned Civil Judge, Senior Division Thane passed a decree. The said decree is being executed by respondent no.1 vide Execution Application 45 of 2009. In the said execution application, the petitioner, who is a judgment debtor filed an application below Exh.22 for dismissal of the Execution Application on the ground that proceedings under the Sick Industrial Companies (Special Provisions ) Act, 1985 (hereinafter referred to as ‘the SICA’) so far as the present petitioner is 2 wp5389-11 concerned are pending. The learned advocate for the petitioner submitted that an application below Exh.22 was filed by taking the benefits of the provisions of the SICA Act on which the impugned order is passed. 3. I have perused the impugned order. 4. If the petitioner is protected as per the provisions of the SICA, surely the decree cannot be executed against it till the protection comes to an end. Unfortunately, this factor was not considered by the learned trial Judge while passing the order. However, final conclusion that the request for dismissal of the execution application cannot be granted is correct. The learned advocate for the petitioner, upon instruction from his client, made a statement that the petitioner company is still under the protection of the SICA and therefore, the decree cannot be executed. In view of this, it is necessary for this Court to give appropriate directions to the learned trial Judge, so that the Execution of the decree can be attended in a proper manner. 5. On the next date before the learned Civil Judge, Senior Division, Thane, the petitioner shall file an application alongwith appropriate exhibits placing on record the stand of the petitioner that the petitioner still continues to be protected under the provisions of the SICA. He shall serve a copy of the same upon respondent no.1. Learned Civil Judge, Senior Division, Thane before 3 wp5389-11 whom the said Execution Application No. 45 of 2009 is pending shall ascertain the correctness of the stand of the petitioner and thereafter pass an appropriate order so as to see that the proper effect is given to the provisions of the Sick Industrial Companies (Special Provisions ) Act, 1985. 6. With the aforesaid directions the petition stands disposed of. There shall be no order as to costs. (R. Y. GANOO, J.)