Dr. M. K. Sharma, J.

( 1 ) THE present revision petition is directed against the order dated 4. 12. 1998 passed by the Additional District Judge, Deli dismissing the application filed by the petitioner/defendant under Section 22 of the Sick Industrial Companies (Special Provisions) Act, 1985 (hereinafter referred to as the Act ). The respondent/plaintiff filed the aforesaid suit being Suit No. 31/1996 seeking for a decree for recovery of possession and for recovery of damages and mesne profits amounting to Rs. 1. 19,000. 00. The said suit is pending before the Additional District Judge, delhi. In the said suit an application came to be filed by the petitioner/defendant contending, inter alia that the defendant company has become sick and accordingly, its case has been referred to the Board of Industrial and Financial Reconstruction (BIFR) under Section 15 of the Act. It was further stated in the said application that the reference has since been registered by the BIFR and that pursuant thereto the Board has declared the defendant to be a sick company and IFCI has been appointed as the operating agent.

( 2 ) THE aforesaid application was contested by the respondent by contending, in

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