(1.) THE appellant has filed this appeal against the order dated June 26, 1998, passed by the company court in Company Petition No. 22 of 1996 admitting that petition and directing advertisement. The appellant's short case is that he had approached the BIFR for declaring the company sick on June 22, 1998, and had filed an application in this regard before the company court praying for stay of proceedings under Section 22 of the Sick Industries Act but the court still proceeded to admit the company petition by the impugned order. He has attached a copy of the application along with the memo of appeal.
(2.) A cursory look at the copy shows that it was filed on June 26, 1998, when the matter came up before the court, Therefore, it remained to be seen whether it was listed before it.
(3.) THE record was summoned. Though it contained the application but there was nothing to show that it was listed before the court.