1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2321 OF 2007 Mr Pradeep C. Jhaveri ...Petitioner v/s Appellate Authority for Industrial and Financial Reconstruction and ors. ...Respondents Mr Jayesh Bhat for Petitioner. Mr Iqbal Chagla, Sr. Counsel with Mr K. Advani i/b M/s Dastur, Dadhich and Kalambi for Respondent No.3. Mr D. D. Madon, Sr. Counsel i/b Mr Ramdasan K.V. For Respondent No.8. CORAM : D.K. DESHMUKH AND R.G. KETKAR JJ. DATE : 12TH AUGUST 2009. 2 P.C. :- 1] The petitioner, by this petition, challenges the order passed by the Board for Industrial and Financial Reconstruction (for short, BIFR) which is confirmed by the Appellate Authority for Industrial and Financial Reconstruction (for short, AAIFR) rejecting his application for permission to institute a suit against the sick company while the Rehabilitation Scheme is being implemented. Perusal of the orders passed by the authorities shows that the permission has been declined because they found that he is an unsecured creditor. From the record, it does not appear that the conclusion reached by the authorities is wrong. If the petitioner is unsecured creditor, he can file a suit if he is entitled to do so in accordance with the provisions of the Sick Industrial Companies (Special Provisions) Act 1985 after the implementation of the Rehabilitation Scheme. Section 22(5) of the said Act provides that in 3 computing the period of limitation for enforcement of any right, privilege, obligation or liability, the period during which it or the remedy for the enforcement thereof remains suspended under this section shall be excluded. Therefore, no right of the petitioner can be said to have been permanently injured or abridged by the orders impugned. We find no substance in the petition. Petition is rejected. Parties to act on the copy of this order duly authenticated by the Associate / Private Secretary of this Court. Certified copy expedited. ( JUSTICE D.K. DESHMUKH ) ( JUSTICE R.G. KETKAR )