REVA KHETRAPAL, J.

( 1 ) THE short question which arises for decision in the instant case is whether the bar created by Sections 22 of the Sick Industrial Companies (Special provisions) Act (1 of 1986 as amended by Act No. 12 of 1994) will apply to a suit invoking a bank guarantee, executed by the bank to secure payment for supply of goods to an industrial company which stands referred to the Board for Industrial and Financial Reconstruction (for short BIFR ).

( 2 ) THE facts are in a very narrow compass:- (i) A summary suit under Order XXXVII Rule 2 of the Civil Procedure Code, 1908 was filed by the plaintiff " M/s Rashtriya Chemicals and Fertilizers limited against the defendant " State Bank of Patiala praying for a decree in the sum of Rs. 40,83,759. 82 (Rupees forty lakhs eighty three thousand seven hundred fifty nine and paise eighty two only) together with further interest on the principal sum of Rs. 33,36,792. 10 (Rupees thirty three lakhs thirty six thousand seven hundred ninety two and paise ten only) @ 18% per annum from the date of the filing of the suit till payment and/or realization. (ii) The plaintiff has averred that the suit is for a liquidated sum arising on a b