Indian Seamless Metal Tubes v. S.B.L.Industries

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + EX.P. 223/2006 INDIAN SEAMLESS METAL TUBES ..... Decree Holder Through:

Mr. Sharat Kapoor, Adv.

Versus

S.B.L.INDUSTRIES ..... Judgement Debtor Through:

None.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 21.11.2016 1.

The counsel for the decree-holder states that the judgment-debtor SBL Industries is under winding up in Company Petition No.321/2001 of this Court. 2.

The name of the judgment-debtor does not suggest that it is a company which can be under winding up before the company court of this Court. The company under liquidation in Company Petition No.321/2001 is SBL Industries Ltd.

3.

The decree of which execution is sought does not describe the judgmentdebtor as SBL Industries Ltd. but only describes it as SBL Industries. 4.

The counsel for the decree-holder however states that since in the decree also, it is described as "SBL Industries, a public limited company duly registered under the Indian Companies Act, 1956", the name of the judgment-debtor in the decree as well as in this execution petition is wrongly stated as SBL Industries instead of SBL Industries Ltd.

5.

Be that as it may, this execution petition is closed with liberty to the decree-holder to pursue its remedies before the Company Court. No costs.

RAJIV SAHAI ENDLAW, J NOVEMBER 21, 2016/„gsr‟..