CONSOLIDATED STEELS AND ALLOYS LIMITED Vs. KAMLA LAKHANPAL

JUDGEMENT

(1.) This order shall govern the disposal of the two Civil Revision Petitions (CR 813/97 & 832/97), filed by the petitioner, under Section 115 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'the CPC'). The facts relevant for the disposal of the above mentioned two civil revision petitions, briefly stated, are that the respondents have filed a suit(Suit No. 574/96 - entitled Smt. Kamla Lakhanpal & Ors. v. M/s. Consolidates Steels & Alloys Limited), for the recovery of possession, as well as charges for the use and occupation, as also future mesne profits in respect of flat No. 405, Ashoka Estate, 24, Barakhamba Road, New Delhi. The respondents in the above said suit, amongst others, have claimed the following reliefs:

(2.) After the service of the summons, the petitioner (defendant) appeared and filed a written statement resisting the claim of the respondents in the above said suit. On the completion of the pleadings, the respondents filed an application under Section 151, Civil Procedure Code seeking directions to the petitioner to pay charges for the use and occupation of the premises in question. The above said application of the respondents was disposed of by the learned Additional District Judge vide order dated 8.1.1997. The learned Additional District Judge, vide above said order, directed the petitioner to pay an amount of Rs. 19,200.00 per month from 4.1.1996 onwards upto 8.1.1997 and to continue to deposit the same month by month on or before the 5th day of each English Calender month. The petitioner failed to comply with the above orders of the learned Additional District Judge and the respondents moved an application dated the 20th February, 1997 under Section 151, Civil Procedure Code praying for striking off the defence of the petitioner. On or about 1.3.1997 the petitioner filed an application under Section 22 of the Sick Industrial Companies (Special Provisions) Act, 1985 (hereinafter referred to as 'the Act") read with Section 151, CPC, seeking suspension of the proceedings in the suit, filed by the respondents and also the suspension of the operation of the order, passed by the learned Additional District Judge, dated the 8th January, 1997.

(3.) The learned Additional District Judge vide order dated 27.5.1997 while dismissing the application of the petitioner, filed under Section 22 of the Act, has allowed the application of the respondents, filed under Section 151, CPC, seeking for striking out the defence of the petitioner.