S.J.MUKHOPADHAYA,J. - (1.) THIS company petition for winding up was preferred by petitioner, Dalmia Cement (Bharat) Limited under Sections 433 and 434 of the Companies Act, 1956.
(2.) ON notice, the respondent appeared and filed counter -affidavit to oppose the petition. In the counter -affidavit, the respondent has taken plea that the respondent became sick on 31.3.1992 and came under purview of Section 3(1)(o) of Sick Industrial Companies (Special Provision) Act, 1985 (SICA for short). The case was heard between 1992 and 1996 and on submission of report to the Board for Industrial and Financial Reconstruction (BIFR), the matter was discussed in its meeting and the scheme for revival submitted before the BIFR It was sanctioned in its meeting held on 3.9.1996 vide Annexure -A. Subsequently, the scheme was sanctioned by BIFR by its order dated 3.9.1996 and after hearing the Bench -I issued addendum to the sanctioned scheme after due deliberation held at Delhi on 20.4.1998 and passed the following order : "That in the meeting held on 20.4.1998 the Honble Bench -I ordered as under : - - Accordingly in exercise of the powers, conferred by Sub -section (3) of Section 22 of the Act, we hereby declare that enforcement against the sick industrial company of all contracts, agreements, standing orders or other instruments in force to which the company BRL may be party or which may be applicable to it before the date of issue of this order, shall remain suspended for a period of six months from the date of this order and that all or any of the rights, privileges, obligations and liabilities accruing or arising thereunder before the said date shall remain suspended during the aforesaid period."
(3.) IN view of stand taken by the respondent and in terms with Section 22 of SICA Act 1985, as this petition was not maintainable in March, 2000, counsel for the petitioner sought permission to withdraw the petition with liberty to take appropriate step after final decision as may be taken under SICA Act, 1985. Accordingly, the company petition stands disposed of.;