Pending enquiry under sick company law does not arise from mere registration of a reference, so winding up is not stayed.

Registration of a reference under Section 15 of the Sick Industrial Companies (Special Provisions) Act does not, by itself, amount to a pending enquiry under Section 16. The registered reference is only a preliminary ministerial step; it does not mean the Board has applied its mind or commenced an enquiry. Because Section 22(1) expressly stays proceedings only where a Section 16 enquiry is pending, the bar does not arise merely from registration of the reference. The statute was construed according to its clear words, and the Act's object was read as including protection of public funds and treatment of non-viable sick companies as well as revival.

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Issues: Whether, after a reference is registered under Section 15 of the Sick Industrial Companies (Special Provisions) Act, an enquiry under Section 16 is deemed to be pending so as to attract the bar under Section 22(1) and stay winding up proceedings.

Analysis: The statutory scheme distinguishes between a reference under Section 15 and an enquiry under Section 16. Registration of a reference by the Secretary is only a preliminary ministerial step and does not amount to the Board applying its mind or commencing an enquiry. The language of Section 22(1) is explicit in confining the stay to cases where an enquiry under Section 16 is pending, and the wider construction sought on the basis of beneficial interpretation was held to be unavailable where the words of the statute are clear. The provision was also read in the context of the Act's object, which is not confined to revival alone but also includes protection of public funds and dealing with non-viable sick companies.

Conclusion: A mere registered reference under Section 15 does not by itself trigger Section 22(1); the winding up proceedings were not liable to be stayed on that ground.

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