INDERMEET KAUR, J.

1. This appeal is directed against the order dated 17.01.2011 wherein an application filed by the petitioner (defendant in the suit) (I.A. No.7089/2009) under Section 22(1) of the Sick Industrial Companies (Special) Provisions Act,1985 (hereinafter referred to as “the said Act”) had been dismissed.

2. Record shows that the respondent (plaintiff in the suit) had filed a suit for recovery of Rs.44,05,803.47 of which the principal amount was Rs.24,83,409.27; there was an interest figure of Rs.15,39,714.20 and sales tax was claimed in the sum of Rs.3,82,680/-. The suit was numbered as CS(OS) No.2249/2008. The plaintiff claiming himself to the proprietor of M/s Shree Shyam Packaging Industries, Gulshan Park, Opposite Rajdhani Dal Mills, Main Rohtak Road, Nangloi, Delhi was engaged in the business of manufacture and sale of packaging material. The appellant was a company engaged in the business of manufacture and sale of two wheeler scooter in the domestic as also in the foreign market. The appellant had sent a requirement to the respondent for packaging of its scooters which were meant for export; these crates were supplied by the respondent. The bills of the r