- (1.) The respondent had filed a suit against the petitioner herein for eviction of the premises which had been led by the respondents to the petitioner. During the pendency of the suit, an application under Section 11(4) of the Bombay Rent Act was filed. In this application, it was stated that the petitioner herein had not been paying the rent and, therefore, appropriate orders as contemplated by said sub-section should be passed.
(2.) In the reply which was filed to the said application, it was, inter alia, contended that the petitioner-company had become sick and a reference had been made to the B.I.F.R. under Section 15(1) of the Sick Industrial Companies (Special Provisions), Act, 1985 (for short "the Act"). The contention of the petitioner herein was that in view of the provisions of Section 22 of the Act no suit for recovery of money could be filed or proceeding taken against the present petitioner.
(3.) The trial Court vide its order dated 25th January, 1999 rejected the said application under Section 11(4) which was filed by the respondent. Thereupon a revision was filed and the Appellate Bench of the Small Causes Chief Court, Ahmedabad by its order dated 12th July, 1999 came to the conclusion that the provisions of Section 22 of the Act were not applicable in such a case. It placed reliance on a decision of this Court in Shree Chamundi Mopeds Ltd. v. Church of South India Trust Association, (1992) 3 SCC 1. The petitioner thereafter filed a civil revision before the High Court but with no success.;