( 1 ) THIS is an application asking for admission of an appeal preferred from the order of Roy Chowdhury, J. refusing to stay proceedings under Sections 397 and 398 of the Companies Act, 1956 being Company petition No. 169 of 1981, Company Application No, 93 of 1981. The appellant's case is that the Suit No. 209 of 1981 had been filed prior to the institution of the company petition. The appellant further contends that the matters in controversy are in substance the same and though the parties are not identical the real issue between the parties is the same and the High Court has jurisdiction in both the matters and it would be incorrect, according to the appellant, that the Company Court has exclusive jurisdiction under Section 10 of the Civil P. C. In view of the fact that the suit had been instituted prior to the Institution of the company petition it is submitted that the suit should have been stayed.

( 2 ) WITHOUT going into the abstract question whether the civil court in any particular situation hearing a suit under Code of Civil Procedure can exercise the powers which are exercisable by the Company Court under Sections 397 and 398 o