Disposed

Container Rail Road Services Pvt. Ltd. v. Maple Logistics Pvt. Ltd. and 4 Ors.

Bombay HC27 Jun 2022CARAP/126/2021

Case brief

AI extract

What is this about?

The High Court disposed of a commercial arbitration application instituted under the Insolvency and Bankruptcy Code due to the operation of the moratorium under Section 14. Liberty was granted to the applicant to revive proceedings or file a fresh application once circumstances permitted.

What did the court decide?

Application disposed of with liberty to revive present proceedings or file fresh application.

Container Rail Road Services Pvt. Ltd. Vs Maple… — Insolvency and Bankruptcy | Bombay HC (2022)

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Digitally signed VIDYA by VIDYASURESH AMIN SURESH Date: AMIN 2022.06.2811:15:28 +0530

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22.CARAP126_2021.doc

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Vidya Amin

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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COMMERCIAL ARBITRATION APPLICATION NO. 126 OF 2021

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Container Rail Road Services Pvt. Ltd. .. Applicant
Vs.
Maple Logistics Pvt. Ltd. & Ors. .. Respondents

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Mr. Shailesh Shukla a/w. Mr. Siddhesh S. Pradhan i/b. J. Sagar
Associates for the applicant.

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CORAM :G.S. KULKARNI, J.
DATE : JUNE 27, 2022.

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P.C.:

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1. Learned counsel for the applicant states that this petition was filed

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on 2 March, 2021, however there are subsequent development inasmuch

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there are proceedings filed against respondent nos. 1 and 2, the
contesting respondents under the Insolvency and Bankruptcy Code
before the National Company Law Tribunal and in such proceedings,
already an Interim Resolution Professional has been appointed.

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2. In view of such proceedings being admitted and an Interim
Resolution Professional being appointed, the provisions of moratorium
as prescribed under section 14 of IBC have also become operative. In
the above circumstances, learned counsel for the applicant would submit
that the present application be disposed of with liberty to the applicant
to revive the present proceedings or to file fresh application on the same

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22.CARAP126_2021.doc

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cause o action, as and when the circumstances so permit.

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3. Accordingly, the application is disposed of with liberty to the applicant to revive the present proceedings or to file a fresh application on the same cause of action as and when the circumstances so permit. All contentions of the parties are expressly kept open.

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4. Disposed of. No costs.

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[G.S. KULKARNI, J.]

Container Rail Road Services Pvt. Ltd. v. Maple Logistics Pvt. Ltd. and 4 Ors.

Case brief

What is this about?

What did the court decide?

Container Rail Road Services Pvt. Ltd. v. Maple Logistics Pvt. Ltd. and 4 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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