APARESH KUMAR SINGH,J. - (1.) Heard learned counsel for the petitioner.
(2.) Petitioner is the Judgment Debtor in Eviction Suit No. 16 of 2006 decided on 26.5.2008 by the Court of Additional Munsif, Jamshedpur(Annexure-3) on contest, decree is also dated 26.5.2008. In the execution case no. 12/2014 prosecuted by the Decree Holder, petitioner sought stay by filing a petition under Section 151 of the Civil Procedure Code inter-alia stating that the petitioner-company is a sick company under the process of revival before the Board for Industrial and Financial Reconstruction(BIFR) under the Sick Industrial Companies(Special Provision) Act, 1985. There is an order of status-quo in W.P.C. No. 942 of 2007 by the Hon'ble Delhi High Court relating to the assets and properties of the company. It is submitted that petitioner however has preferred Miscellaneous application no. 183 of 2015 before the learned Court below for restoration of the eviction suit contending that the suit was decided ex-parte. This misc. petition was preferred when the Judgment Debtor found that attempts are being made to take forcible possession of the property of the company in the execution proceeding by the land lord-respondent, herein. A plea has been taken on the part of the petitioner that pending consideration of proposal for revival of the petitioner-company before the BIFR and AAIFR, proceedings for eviction of the petitioner by the respondent-land lord should be stayed in terms of Section 22 of the SICA Act,1985 and also the status-quo order passed by the Delhi High Court in W.P.C. No. 942 of 2007. It has been urged that till the adjudication on the misc. case, the learned Executing Court should have stayed the proceedings as otherwise petitioner would be unjustifiably evicted from the suit premises.
(3.) I have considered the submission of the petitioner and gone through relevant materials on record. The suit property described in the schedule referred to in the judgment and decree are two shop rooms namely shop no. 2 and 3 Opposite of the cable Dispensary and gate no. 2 of the company just beside the shop no.1 situated at Cable Town, Golmuri, Jamshedpur, East Singhbhum with boundaries of adjacent premises/property described therein. The suit for eviction was instituted by the land lord/respondent herein for violation of the terms of the tenancy and failure by the tenant to make payments of arrears of rent despite notice. The plaintiff also claimed recovery of possession of the suit premises by evicting the tenant/Defendant there in and also for release of arrears from June 2003 to May 2006 @ Rs. 300/- per month.;