VALMIKI J. MEHTA, J (ORAL)

1. On 10.9.2012, the following order was passed:-

“1. Though there is no ground for adjournment in the present suit in which the application for leave to defend is listed, however, since the counsel for the defendant is stated to be not well and not appearing in any court, list on 11th October, 2012.

2. It is made clear that no adjournment shall be granted on the next date of hearing.”

2. Today, counsel appearing for defendant no.2 states that the defendant no.1 company, and which is the principal borrower, is a sick company and therefore, the present suit cannot proceed. Attention of this Court is invited to the order dated 12.2.2008, as per which, the suit had to be heard qua the maintainability in view of Section 22 of the Sick Industrial Companies (Special Provisions) Act, 1985 ( in short SICA).

3. The issue as to continuation of a suit filed against a sick company is no longer res integra and is fully covered by two recent judgments one of the Division Bench of this Court in the case of Sakethh India Ltd. Vs W. Diamond 2010 (119) DRJ 190; 2010 (160) CC 562 and second is the judgment of the Supreme Court in the case of Raheja Universal Ltd.