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6. In such type of cases where the companies have been wound up or declared sick, our endeavor has always been to see that the poor consumers are paid at least principal amount or part of the principal amount if not the interest. At the same time, the District Forum was directed to ensure that the payment of some amount to DHs by the JD is made with the liberty to initiate proceedings after the expiry of three months from the date of receipt of the above said order.

7. Perusal of the impugned order shows that JD made part payment to three/ four of the DHs on 16.11.2006 by handing over four cheques through his counsel Sh. Arun Srivastava, who continued seeking time to make further payments to all other DHs till 11.12.2006 . Consequently a notice under section 27 of the C.P. Act was given to the JD through his counsel Sh. Srivastava who pleaded not guilty and sought time to file written reply which was filed on 5.11.2007. In reply JD submitted that the order under execution is primarily against M/s Hoffland Finance Ltd. because the complaint u/s 12 of the C.P. Act was filed against the Company, not against him individually and further that the DHs have filed execution directly u/s 27 without first resorting to the provision of Section 25 of the Act and that the final winding up proceedings against the JD-Company are pending and Official Liquidator had been appointed by the Honble High Court of Delhi as far back as on 3.4.2003 and any legal proceedings against the Company are barred under section 446 of the Companies Act and moreover Sh. B.B. Sharma, JD has been restrained from transferring or alienating any assets belonging to the J/D Company. It was also pleaded that before holding any person guilty for an offence under section 27 of C.P. Act, it is required to establish beyond reasonable doubt that accused has willfully failed or omitted compliance of the order of the Forum and since JD is not in a position to comply with the orders due to his inability in view of the restraint order of the Honble High Court and on account of various criminal cases pending against him, section 27 should not be invoked as it is not meant for recovery of money .