( 1 ) THE plaintiff is a wholly owned subsidiary of M/s. Punjab National Bank. The plaintiff filed the present suit seeking a mandatory injunction directing the defendant to hand over possession of the Husk Fired Fluid Packed steam Boiler, Model MTFH-40a, as mentioned in commercial Invoice dated 5. 3. 1997. Written statement on behalf of the defendant has been duly filed. The plaintiff upon filing of the written statement also moved IA 10331/ 02 under Order XII Rule 6 CPC seeking a decree on the admissions contained in the written statement.

( 2 ) THE material facts as averred by the plaintiff in the plaint are not disputed or traversed by the defendant in the written statement. The defendant has raised legal objections to the maintainability of the suit on account of the bar and embargo by virtue of Section 22 (1) and (3) of the Sick Industrial companies (Special Provisions) Act, 1985. Before I advert to the above, the relevant facts in brief may be noted.

( 3 ) THE plaintiff has filed the present suit for mandatory injunction seeking re-possession of the leased machinery. The suit has been instituted by Mr. D. S. Sunderam as the General power of Attorney Holder. The