Writ petition seeking stay of DRT proceedings in favour of a third party based on moratorium under Section 14 IBC against a corporate debtor. Court held moratorium does not apply to actions against third parties. Petition dismissed with liberty to contest before DRT.
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LALIT KUMAR BANGA ..... Petitioner Through: Mr.H.P.S. Sabharwal, Advocate (Through VC).
versus
CENTRAL BANK OF INDIA & ANR. ..... Respondents
Through: None
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
O R D E R % 20.02.2024
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/02/2024 at 12:54:55
states that CIRP has been initiated against respondent no.2 in Company Petition no. IB-1059/ND/2018. He states that an IRP has been appointed and moratorium under Section 14 of IBC, 2016 has been put into effect. Therefore, according to him, the proceedings before DRT-I ought to be stayed. He points out that the respondent no.1 has filed a complaint against respondent no. 2 before the Central Bureau of Investigation. The petitioner has also relied upon the interim order dated 20th July, 2021 passed in W.P.(C) No.6774/2021.
ACTING CHIEF JUSTICE
MANMEET PRITAM SINGH ARORA, J
FEBRUARY 20, 2024 KA
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/02/2024 at 12:54:55
1 issue framed by the court
Whether moratorium under Section 14 of IBC stayed proceedings against a third party before the DRT?
1 provisions across 1 enactments
Lalit Kumar Banga
Central Bank of India
Anr.
Acting Chief Justice
Manmeet Pritam Singh Arora
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
