Civil revision challenging rejection of Order VII Rule 11 CPC application to reject a possession suit filed against a company under NCLT moratorium under section 14 IBC. Notice issued to respondent; trial court directed not to proceed till next hearing.
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cra42.24.O.odt
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IN THE HIGH COURT OF JUDICATURE AT BO MBAY NAGPU R BENCH, NA GPUR
CIVIL REVISION APPLICATION NO.42 OF 2024
(M/s Mohota Industries Ltd. Tah. Hinganghat, Dist. Wardha thr. its Authorised Representative Shri Pradeep Harne Vs. Smt. Vibha W/o Mayank Agarwal)
Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions and Registrar’s Orders.
Court's or Judge's orders.
Mr. Jatin Kumar, Advocate for Applicant.
CORAM: M. W. CHANDWANI, J. DATE: 26th FEBRUARY, 20 24.
By the present application, the applicant has to incorporate additional prayer in the application. For the reasons mentioned in the application, the application is allowed. Amendment be carried out forthwith.
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occupied by the applicant is prohibited. Inspite of that the non-applicant filed suit for recovery of possession from the applicant. The applicant has applied under Order VII Rule 11 of the Code of Civil Procedure for rejecting the plaint since it is borrowed by N.C.L.T. Insolvency and Bankruptcy Code, 2016, which came to be rejected by the impugned order.
JUDGE
NSN
Signed by: Mr. N.S. Nikhare Designation: PA To Honourable Judge Date: 27/02/2024 19:24:31
1 issue framed by the court
Whether a suit for recovery of possession against a corporate debtor under moratorium under section 14 IBC is barred and liable to be rejected under Order VII Rule 11 CPC?
2 provisions across 2 enactments
M/s Mohota Industries Ltd.
Smt. Vibha W/o Mayank Agarwal
M. W. Chandwani
As recorded by the court registry
20 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
