( 1 ) BY this order, I propose to dispose of the applications registered as I. A. Nos. 3114/1999 and 7322/2001, filed by the defendants under section 22 of The Sick Industrial Companies (Special Provisions) Act, 1985.

( 2 ) THE plaintiff herein filed a suit for recovery of an amount of Rs. 1,41,64,771/- against the defendants under the summary procedure as provided for under Section XXXVII of the CODE OF CIVIL PROCEDURE, 1908. In the said suit, an ex parte decree was passed by this Court by judgment and order dated 16th August, 1998. Thereafter, the defendants No. 1 and 2 appeared and filed an application under Order IX rule 13 Code of Civil Procedure praying for setting aside the ex parte decree. The aforesaid applications registered as i. A. Nos. 10368/1998 and 10370/1998 are pending for consideration. However, thereafter, another application was filed by the defendants being i. A. No. 3114/1999 under Section 22 of The Sick industrial Companies (Special Provisions) Act, which was filed on the basis of the reference communicated to the defendant No. 1/company by the board for the Industrial and Financial reconstruction, vide their letter dated 21st April, 1999. Th