Vikramajit Sen, J.

1. The Appellant, Saketh India Limited, assails the impugned Order of the learned Single Judge passed on 24.8.2009, whereby two Applications preferred by the Appellant/Defendant were dismissed and the Suit filed under Order XXXVIII of the Code of Civil Procedure, 1908 (`CPC' for short) for the recovery of mesne profits for the sum of Rupees 31,30,153/- together with interest and costs was decreed. In the first Application, IA No. 1171/2006, the Appellant/Defendant prayed for condonation of delay in entering appearance (that is filing the Address Form). In the second Application, IA No. 1170/2006, the Appellant/Defendant sought the rejection of the Plaint under Order VII Rule 11(d) of the CPC on the ground that it had been declared a Sick Industrial Unit in terms of Section 3 (1) (o) of Sick Industrial Companies (special Provisions) Act, 1985 (`SICA' for short). Before us, the only aspect that has been argued is that SICA places a complete prohibition on all judicial proceedings leaving no alternative to the Trial Judge other than ordering the rejection of the Plaint.

2. It appears from a perusal of the records that Summons in Form 4 under Order XXXVII of the CPC we