KAILASH GAMBHIR, J.

1. By this appeal filed under Section 96 of the Code of Civil Procedure, 1908 the appellant seeks to challenge the judgment and decree dated 3rd February, 2005 passed by the Court of learned Additional District Judge, Tis Hazari Courts Delhi whereby decreing the suit for recovery of Rs. 5,20,529/-filed by the respondent under Order XXXVII of CPC was decreed in favour of the respondent and against the appellant.

2. The main grievance raised by the appellant in the present appeal is that the recovery suit filed by the respondent was barred by the provisions of Section 22 of the Sick Industrial Companies (Special Provisions) Act, 1985 (hereinafter referred to as SICA) as no permission was sought by them under Section 22(1) of the Act before filing the said recovery suit. It is also the case of the appellant that in the leave to defend application filed by the appellant in response to the summons for judgment issued by the learned Trial Court in the said summary suit, one of the main objections, besides others, was that the appellant company was registered with the BIFR at serial No. 389/99 and, therefore, the said proceedings of the summary suit were liabl