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2001 Supreme(Mad) 1270

S.JAGADEESAN, E.PADMANABHAN
A. Rafeeq Ahmed & Co. rep. by its partner K. Muktar Ahamed – Appellant
Versus
Montari Leather Ltd. , rep. by its Chairman and Managing Director – Respondent


Advocates Appeared:
Habibullah Badsha S.C for Mr. Akbar Ali Dhala, for petitioner (s) T.K. Seshadri for respondent (s).
S. Gopalaratnam, Senior Counsel, M. Venkatachalapathy for the Madras Bar Association, Mr. Ashok Menon for the Advocates Association.

Judgment :-

E. PADMANABHAN, J.

1. This revision has been preferred against the fair and decretal order of the learned Rent ControL Appellate Authority (Subordinate Judge) of Vellore made in I.A. No. 27 of 2001 in RCA No: 13 of 2000

2. The petitioner herein is the landlord of the suit tenancy premises while the respondent is the tenant of the said premises.

3. The revision petitioner filed RCOP No. 57 of 1998 on the file of the Rent Controller (District Munsif) at Vellore under section 10(2)(1) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 seeking for eviction on the ground that the respondent-tenant had committed wilful default in payment of rent since September, 1996. After issue of the requisite notice, the eviction petition was instituted. The respondent mainly pleaded that it is a “sick company” under the Sick Industrial Companies (Special Provisions) Act, 1985 that it had moved the Board of Industrial Finance Reconstruction by filing an application to declare it as a sick company in Case No. 27’ of 1998 and in terms of Section 2 of the said BIFR Act, 1985 no proceedings could be instituted against the respondent including a petition for eviction till the BIFR is
























































































































































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