Valmiki J. Mehta, J (Oral):--

C.M. No. 20066/2013 (exemption)

1. Exemption allowed subject to just exceptions.

C.M. stands disposed of.

C.M.(M) No. 1349/2013 and C.M. No. 20065/2013 (stay)

2. This petition under Article 227 of the Constitution of India is filed by the petitioner-company impugning the order of the trial court dated 6.8.2013 by which the trial court has dismissed an application filed by the petitioner under Section 22 of the Sick Industrial Companies (Special Provisions) Act, 1985 (SICA).

3. A reading of the impugned order shows that earlier also an application under Section 22 of SICA was filed and the same was dismissed. The subject application was moved at the stage of final arguments again relying on Section 22 of SICA. Trial court in the impugned order also records that in spite of repeated directions to the petitioner/defendant, no document was filed to show that the debt of the respondent/plaintiff was included in the scheme of rehabilitation of the petitioner-company.

4. In any case, now the issue that a simple suit for recovery of moneys is not barred by Section 22 of SICA is clear from the judgment of the Supreme Court in the case of Raheja Universal Limited v. NR

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