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TMI Blog2002 (9) TMI 773X X X X Extracts X X X X X X X X Extracts X X X X ..... in M.P. 569/1992 under Order XXVIII Rule 7 of the Tamil Nadu Buildings (Lease and Rent) Control Rules, 1974 praying the Court to stay the trial of the main R.C.O.P. Itself till Board of Industrial and Financial reconstruction dispose of the application of the revision petitioner. 3. The revision petitioner in the affidavit filed in support of the petition has stated that it is one of the tenant under the respondent and the petitioner-company is in a critical stage and also claim that the revision petitioner is a sick industrial company as defined under section 22(3) of the Sick Industrial Company (Special Provisions) Act, 1985. It is also stated that the revision petitioner has submitted an application to the Board of Industrial and Fi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h the trial, cannot be sustained. 8. Learned advocate for the respondent/landlord would submit that the plea taken by the revision petitioner that the trial of the eviction proceedings cannot be proceeded with, is not correct. Incidentally, he also relied upon the judgment rendered by the Apex Court in the case of Shree Chamundi Mopeds Ltd. v. Church of South India Trust Association AIR 1992 SC 1439 wherein the Apex Court dealt with similar question and it has held that section 22(1) providing for suspension of legal proceedings against a sick industrial company does not cover a proceeding instituted by a landlord of a sick industrial company for the eviction of the company from premises let out to it. It has also observed that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gal proceedings contained in section 22(1) seeks to advance the object of the Act by ensuring that a proceeding having an effect on the working or the finances of a sick industrial company shall not be instituted or continued during the period the matter is under consideration before the Board or the Appellate Authority or a sanctioned scheme is under implementation without the consent of the Board or the Appellate Authority. It could not be the intention of Parliament in enacting the said provision to aggravate the financial difficulties of a sick industrial company while the said matters were pending before the Board of the Appellate Authority by enabling a sick industrial company to continue to incur further liabilities during this perio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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