Prakash Gupta, J. - (1.) THIS civil revision petition has been filed under Section 115 C.P.C. against the Order dated 22/01/2015 passed by the Additional District and Sessions Judge No. 3, Alwar (hereinafter referred to as 'the trial Court'), whereby, the Court dismissed the application filed by the defendant for rejection of the suit.
(2.) BRIEFLY stated facts are that the respondent -plaintiff filed a summary suit against the petitioner -defendant in the trial Court under Order 37 C.P.C. for recovery of Rs. 5,69,33,315.80/ - in which an application was filed by the petitioner -defendant wherein it was stated that the suit is in contravention of Section 22 and 26 Sick Industries Company Special Provision Act, 1985 (for short 'the Act, 1985') and in contravention of Section 14 Indian Contract Act therefore, the suit is not maintainable and is liable to be dismissed. A reply to this application was filed by the plaintiff wherein it is stated that wrong facts have been narrated about the maintainability of the suit. Order dated 05/06/2012 and 15/01/2013 passed by Board for Industrial and Financial Reconstruction (for short 'the BIFR') has been mentioned in the plaint. The petitioner -defendant has already filed an application on similar facts which has been replied to by the plaintiff. The defendant contravened MOU dated 24/05/2012 as well as addendum dated 23/11/2013 which was executed between the plaintiff and the defendant after the filing of the suit.
(3.) AFTER hearing both the parties, the trial Court vide the impugned Order dated 22/01/2015 dismissed the application of the petitioner. Being aggrieved, the petitioner filed the present revision petition.;