( 1 ) THE above suit is for the recovery of possession of the suit property from the defendant Company who was a tenant in the premises.

( 2 ) THE defendant Company has filed IA 4234/95 under Section 442 and 446 (1) of the Companies Act read with Section 22 of the Sick Industrial Company (Special Provision) Act, 1985 for staying of proceedings in the suit until the plaintiff obtains leave of the Hon ble Company Judge Bombay High Court and also consent from BIFR.

( 3 ) ACCORDING to defendant Company M/s Nicco Corporation had filed a company petition No. 415/92 in the Bombay High Court for winding up the defendant Company. On 28. 9. 1983, the Company Judge, Bombay High Court appointed the official liquidator as Provisional liquidator under Section 446 (1) of the Companies Act. The Petitioner in IA has stated as follows:- a) The Defendant most respectfully submits that prior to the company has become a sick unit as defined under the Sick Industrial Companies Act; in a Company Petition for winding up being Petition No. 415/92 initiated by M/s Nicco Corporation Ltd. against the Defendant Company, herein, the Hon ble Company Judge of Hon ble High Court of Judicature at Bomb