Directors/promoters of a company undergoing CIRP sought restraint on Section 138 NI Act proceedings relying on the Section 96 IBC moratorium. The Court held it bound by Rakesh Bhanot, which holds moratorium does not stay such criminal proceedings, and dismissed the petition.
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$~11 & 12
GAURAV MITTAL AND ANR. & ANR. .....Petitioners Through: Mr. Aditya Gauri, Mr. Amar Vivek, Ms. Damini Srestha, Mr. Anant Jain, Mr. Aryan Chhabra, Advocates
| versus GOVERNMENT OF NCT DE |
LHI & ORS. .....Respondents |
|---|---|
| Through: | Mr. Anand V. Khatri, ASC for the State |
| Mr. Palvinder Singh, Mr. S.W Nomani, Advocates for R-2 & 3 |
|
| + W.P.(CRL) 2889/2023, CR 2609/2025 |
L.M.A. 35412/2024 & CRL.M.A. |
| GAURAV MITTAL & ANR. | .....Petitioners |
| Through: | Mr. Aditya Gauri, Mr. Amar Vivek, Ms. Damini Srestha, Mr. Anant Jain, Mr. Aryan Chhabra, Advocates |
| versus | |
| GOVERNMENT OF NCT OF Through: |
DELHI & ORS. .....Respondents Mr. Anand V. Khatri, ASC for the State Mr. Manoj Kumar, Advocate for R-2, 3 & 4 |
| Mr. Kunal Manav, Mr. Aakash Kumar, Advocates for R-5, 6 & 7 |
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CORAM: HON'BLE MR. JUSTICE SANJEEV NARULA
O R D E R
% 02.09.2025
1 “IBC”
2 2025 INSC 445
3 W.P. (Crl) No. 311/2025
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stayed, notwithstanding the moratorium and the decision in Rakesh Bhanot . 5. Be that as it may, this Court is bound by the authoritative pronouncement in Rakesh Bhanot , which squarely covers the controversy at hand. No relief can therefore be granted to the Petitioners.
SANJEEV NARULA, J
SEPTEMBER 2, 2025/ab
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 08/09/2025 at 12:37:38
1 issue framed by the court
Whether interim moratorium under Section 96 IBC bars continuation of Section 138 NI Act cheque dishonour proceedings against directors of a company under CIRP.
Colour shows how this judgement treated each authority
Rakesh Bhanot v. Gurdas Agro Pvt. Ltd. & Ors.Followed¶3
2025 INSC 445 · Who else cites this
Raj Kumar Aggarwal vs. Kotak Mahindra BankReferred
W.P. (Crl) No. 311/2025
6 provisions across 5 enactments
Gaurav Mittal and Anr.
Government of NCT of Delhi
R-2 & 3
R-5, 6 & 7
Sanjeev Narula
As recorded by the court registry
A constitutional writ petition in a criminal context, most commonly habeas corpus or a challenge to an FIR or detention order.
Judgements on the same questions, provisions and authorities, from every court
