V.K. Shali, J.

IA No. 7089/2009

1. This order shall dispose of IA bearing No. 7089/2009 under Section 22(1) of the Sick Industrial Companies (Special) Provisions Act, 1985 (hereinafter referred as 'the Act').

2. Briefly stated the facts of the case are that the Plaintiff had filed a suit in the month of November 2008 for recovery of a sum of Rs. 44,05,803.47 against the Defendant. It was alleged in the plaint that the Plaintiff is a proprietor of M/s Shree Shyam Packaging Industries, Gulshan Park, Opposite Rajdhani Dal Mill, Main Rohtak Road, Nangloi, Delhi-110041 and is engaged in the business of manufacturing and selling packaging material. The Defendant is a company engaged in the business of manufacturing and selling of two-wheeler scooters in the domestic as well as in foreign market. In the course of its business activities, the Defendant required wooden crates for packaging of its scooters meant for the purpose of export. On account of the said crates having been supplied by the Plaintiff, it was alleged that the Defendant on account of non-payment of various bills starting from 26.11.2005 to 31.01.2006 owed a sum of Rs. 24,83,409.27. In respect of the aforesaid amount,