Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether proceedings for possession of tenanted premises and for arrears, mesne profits, and damages were liable to be stayed under section 22 of the Sick Industrial Companies (Special Provisions) Act, 1985.
Analysis: Section 22 of the Sick Industrial Companies (Special Provisions) Act, 1985 suspends certain proceedings against a sick industrial company, but eviction proceedings by a landlord against a tenant company do not fall within the category of proceedings against property for execution or distress. The protection is meant to prevent proceedings affecting the working or finances of the sick company during consideration by the Board, but it does not require a landlord to continue to suffer occupation without payment. The Court also noted that a claim for possession together with arrears of rent and future mesne profits is not, in substance, a suit for recovery of money for the purpose of section 22.
Conclusion: The request to stay the suit under section 22 of the Sick Industrial Companies (Special Provisions) Act, 1985 was rejected and the application was dismissed.