2002 (4) TMI 978

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..... tioner is the defendant. 2. The respondent/plaintiff filed a suit in O.S.No.58 of 19992 for recovery of money. During the pendency of the suit, the petitioner/defendant filed an application in I.A.No.299 of 1993 under Section 10 C.P.C. for stay of the proceedings of the suit until final adjudication in Company Petition No.80 of 1991 pending on the file of this Court. The said application was di .....

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..... Rule 1 C.P.C. every suit shall be instituted by presenting a plaint to the Court or such officer as it appoints in its behalf. Therefore, the word 'suit' ordinarily means a civil proceeding instituted by presenting a plaint. 7. In a company proceedings, no plaint is presented and hence, it cannot be regarded as a proceeding based on a suit. Therefore, when the proceedings are not based .....

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