Single judge order dismissing an application filed under Section 22 SIC Act and Order VII Rule 11 CPC. Court held SIC Act proceedings not liable to stay as Act repealed. Held winning up and recovery are distinct.
Application under Section 22 SIC Act and Order VII Rule 11 CPC dismissed.
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AMITASHA ENTERPRISES PVT LTD ..... Plaintiff Through: Mr. Harshbir Singh Kohli, Advocate
versus
ARAVALI INFRAPOWER LTD ..... Defendant Through: Mr. Sanjay Kothiyal, Advocate.
CORAM: HON'BLE MR. JUSTICE MANMOHAN
O R D E R % 16.08.2017
Matter has been listed today as 14th August, 2017 was declared holiday on account of Janamashtami.
I.A. 13459/2016
Present application has been filed under Section 22 of the Sick Industrial Companies (Special Provisions) Act, 1985 as well as under Order VII Rule 11 CPC.
Admittedly, the Sick Industrial Companies (Special Provisions) Act, 1985 has been repealed.
Consequently, the present proceedings are not liable to be stayed under Section 22 of the Sick Industrial Companies (Special Provisions) Act.
Order VII Rule 11 CPC has been invoked by the defendant on the ground that the plaintiff has already filed a petition for winding up before the Company Court.
However, this Court is of the view that winding up and recovery proceedings are distinct and separate entities. A creditor is entitled to invoke both the said proceedings.
Consequently, present application is dismissed.
CS(OS) 3092/2015 & I.As. 3580/2016, 3880-3881/2016 AND 5593/2016
List for hearing the remaining/pending applications on 05th September, 2017.
MANMOHAN, J
AUGUST 16, 2017 js
2 issues framed by the court
Whether the present application is liable to be stayed under Section 22 of the Sick Industrial Companies (Special Provisions) Act, 1985, now repealed.
Whether the Plaintiff has already filed a petition for winding up before the Company Court, invoking Order VII Rule 11 CPC.
2 provisions across 2 enactments
Amitasha Enterprises Pvt Ltd
Aravali InfraPower Ltd
Manmohan
As recorded by the court registry
A civil suit filed on the original side of a High Court exercising ordinary original civil jurisdiction.
Judgements on the same questions, provisions and authorities, from every court
