ONIDA SAVAK LTD. Vs. RVA ASSOCIATES

JUDGEMENT

(1.) IN view of the law laid down in the case of Shiv Shakti Coop. Housing Society, Nagpur v. Swaraj Development and Ors. , the revision petition filed by the petitioner under Section 115 CPC is not maintainable.

(2.) FACED with this difficulty, the learned counsel submits that the present revision petition be treated as petition under Article 227 of the Constitution of India. The prayer made by the learned counsel is allowed.

(3.) A suit for rendition of accounts was filed by the plaintiff -firm. In the aforesaid suit an application, was filed by the petitioner -firm that proceedings under the Sick Industrial Companies (Special Provisions) Act, 1985 were pending before the BIFR and as such in view of Section 22 of the Act, the proceedings in the suit were liable to be stayed.