IN THE HIGH COURT OF MADHYA PRADESH AT INDORE 

A. M. MATHUR, Senior Advocate, with V. P. SARAF, Advocate, for the appellant. 

ORDER 

B. A. KHAN, J. - Appellant has filed this appeal against the order, dated 26.6.1998 passed by Company Court in Company Petition No. 16 of 1996 admitting that petition and directing advertisement. Appellant's short case is that he had approached BIFR for declaring the company sick on 22.6.1998 and has filed an application in this regard before the Company Court praying for stay of proceedings under section 22 of Sick Industrial Companies (Special Provisions) Act; but the court still proceeded to admit the company petition by the impugned order. He has attached a copy of the application alongwith memo of appeal. 

2. A cursory look at the copy shows that it was filed on 26.6.1998 when the matter came up before the court. Therefore, it remained to be seen whether it was listed before it. 

3. Record was summoned. Though it contained the application, but there was nothing to show that it was listed before the court. 

4. Confronted with this situation, appellant's counsel, Shri Mathur, explained that this application was placed before the Company Court without listing as per some practice, but was not considered. He was asked to subscribe an affidavit indicating the circumstances in which this application was placed before the court; but he declined and harped on some practice in this court whereby documents and pleadings could be placed before the court bypassing the prescribed procedure in this regard. 

5. It does not appear to us a case of non-consideration of appellant's application for stay of proceedings, because no such application was listed before the court on 26.6.1998 which deserved consideration by the court. The court was not obliged to examine or consider the application which did not form a part of its record. Such like application was liable to receive consideration only if it was placed before the court as per prescribed procedure. Needless to emphasise that it was first required to be registered and if found complete in all respects, to be listed in the cause list. It could not be brought on the court record otherwise and as such, court was not bound to consider it at all. 

6. Resultantly we find no merit in this appeal which is dismissed on preliminary hearing. Appellant can take steps to have his application listed and seek its consideration.