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TMI Blog1999 (10) TMI 641X X X X Extracts X X X X X X X X Extracts X X X X ..... riate orders as contemplated by the said sub-section should be passed. 2. In the reply which was filed to the said application, it was, inter alia, contended that the petitioner-company had become sick and a reference had been made to the Board for Industrial and Financial Reconstruction under section 15(1) of the Sick Industrial Companies (Special Provisions) Act, 1985 ('the Act'). The contention of the petitioner herein was that in view of the provisions of section 22 of the Act no suit for recovery of money could be filed or proceeding taken against the present petitioner. 3. The trial court vide its order dated 25-1-1999, rejected the said application under section 11(4) which was filed by the respondent. Thereupon, a revision was fil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ermit increase in certain cases. . . . (4) Where at any stage of a suit for recovery of rent, whether with or without a claim for possession of the premises, the court is satisfied that the tenant is withholding the rent on the ground that the rent is excessive and standard rent should be fixed, the court shall, and in any other case if it appears to the court that it is just and proper to make such an order, the court may, make an order directing the tenant to deposit in the court forthwith such amount of the rent as the court considers to be reasonably due to the landlord, or at the option of the tenant an order directing him to pay to the landlord such amount thereof as the court may specify. The court may further make an order directin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... were arrears of rent which had not been paid and, therefore, the court should order payment of rent and at the same time order eviction of the tenant on account of non-payment of arrears. 8. For the purpose of considering this contention we will proceed on the basis that the tenancy of the petitioner had been terminated by a notice having been issued under section 106 of the Transfer of Property Act, 1882. In other words, the petitioner was entitled, at the time when the application under section 11(4) was filed, to the protection of the Rent Control Act and no more. 9. Section 22, no doubt, inter alia, states that notwithstanding any other law no suit for recovery of money shall lie or be proceeded with except with the consent of the Boa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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