2009 (1) TMI 492

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..... 3, on exhibit 22 in Regular Civil Suit No. 156 of 1999, whereby the Joint Civil Judge, Junior Division, Solapur has stayed the suit on an application filed by the defendant by invoking the provisions of section 22 of the Sick Industrial Companies (Special Provisions) Act, 1985, by holding that the suit for recovery of money is not tenable as the suit was for recovery of rent/money against the sick .....

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..... ndustrial company and suit could not be proceeded with. Respondents Nos. 1 and 2 adopted the written statement filed by respondent No. 3. 6. On April 24, 2000, the respondents made an application exhibit 22, for stay of the suit contending that the respondent-company was wound up and the receiver was appointed by the honourable High Court and, therefore, in view of the provisions of section 22 .....

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..... l Act and the same provision has observed as under (page 569) : "19. The courts were also right in relying upon Shree Chamundi Mopeds Ltd. v. Church of South India Trust Association [1992] 75 Comp. Cas. 440 ; [1992] 3 SCC 1; MANU/SC/501/1992 and in holding that eviction proceedings initiated by the landlord against the tenant were maintainable even if the company was 'sick' under the SICA an .....

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