BADRI PRASAD SHAW Vs. BRAITHWAIT AND CO LTD

JUDGEMENT

(1.) This Revisional Application under Section 115 of the Code of Civil Procedure is directed against Order No. 10 dated February 24, 1997 passed by the learned Assistant District Judge, 5th Court, Alipore in Money Suit No. 18 of 1995 of his file.

(2.) By the impugned order the learned Assistant District Judge allowed the opposite party No. 1 - Company's application for stay of further proceedings of the said Money Suit in accordance with the provisions of Section 22(1) of the Sick Industrial Companies (Special Provisions) Act, 1985 (the '1985 Act' for short). The plaintiff-petitioner instituted the above suit for recovery of a sum of Rs. 3,00,000 from the opposite party No. 1 - Company. The suit was filed in the year 1992 in the Court of learned Assistant District Judge, 1st Court, Chinsurah, Hooghly claiming compensation of Rs. 3,00,000. The Opposite party No. 1 - Company filed a written statement denying the allegations made by the petitioner in the plaint of the petitioner's suit as mentioned above. The defendant No. 1 - Company also filed another suit on July 7, 1992 in the 3rd Court of Munsif at Alipore for declaration that the notice under Section 80 of the Code of Civil Procedure filed by the petitioner in this suit, was illegal and void.

(3.) On an application made under Section 24 of the Code of Civil Procedure filed by the petitioner, the suit pending in Hooghly was transferred to the 5th Court of the learned Assistant District Judge, Alipore and the said transferred suit was registered as Money Suit No. 18 of 1995 in the said Court.