SIRMOR SUDBURG AUTO LIMITED Vs. KULDIP SINGH LAMBA

JUDGEMENT

(1.) The petitioner is aggrieved by the impugned order dated 8.11.96 passed by the trial Court rejecting his application under Section 22(1) of the Sick Industrial Companies (Special Provisions) Act, 1985 (hereinafter SICA, for short) paying for stay of the suit.

(2.) The petitioner company took the premises belonging to the plaintiff-respondent for three years under a lease agreement dated 16-4-1992. On 2-8-1993, the petitioner company has been declared a sick company and proceedings under Sections 16 and 17 of SICA are going on against it. On 22-12-1995, the plaintiff-respondent has filed a suit seeking a decree for recovery of possession over the premises held by the petitioner company and a decree for arrears of rent to the tune of Rs. 1,77,840.00 on account of arrears of rent for the period November, 1994 to November, 1995 calculated at the rate of Rs. 13680.00 per month. the tenancy of the petitioner company as terminated with the end of November, 1995. Mesne profits and damages at the rate of Rs. 90.00 per sq ft have been asked for from 1-12-1995 to 15-12-1995 amounting to Rs. 38475.00 alongwith a relief for further damages/mesne profits and interest on the said amount.

(3.) Section 22(1) of SICA provides as under :