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Judgment
J.V. Gupta, J.—This petition is directed against the order of the trial Court, dated 29th September, 1980, whereby the proceedings of the suit filed on behalf of the Jullundur Improvement Trust for recovery of the amount was stayed in view of the notification, dated 4th March, 1978, issued u/s 3 of the Rajasthan Relief Undertakings (Special Provisions) Act, 1961.
After hearing the Learned Counsel for the parties, I find that the point involved in this case is concluded by a judgment of this Court in Civil Revision No 362 of 1981, The Jaipur Udyog Limited through its Regional Manager, Chandigarh v. M/s Phuman Ram Chand Lal of Kharar, District Ropar C.R. 362 of 1981, decided on 21st August, 1981. It has been held therein that the suit filed against the Jaipur Udyog Limited is liable to be dismissed in view of the notification dated 4th March, 1978, which read as under:
No suit or other legal proceedings shall be instituted or commenced or, if pending, shall be proceeded with against the said industrial undertaking during the period in which it remains as RELIEF UNDERTAKING.
The question of staying the suit will arise only if the suit was filed prior to the said notification. Admittedly, the present suit was filed on 26th of December, 1978, that is after the said notification.
In view of the matter, this petition succeeds and is allowed with no order as to costs. The Plaintiff''s suit against the Petitioner, that is the Jaipur Udyog Limited, shall stand dismissed, where as it shall be proceeded with against the other Defendant, that is M/s. Bharat Overseas (P) Limited. It is, therefore, directed that be trial Court will proceed with the suit against the said Defendant in accordance with law. The Improvement Trust has been directed to appear in the trial Court on 4th February, 1985.