Disposed
Bank of India v. M/S Gangotri Enterprises Ltd. (under Cirp) Through Rp Babita Jain
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Disposed
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Appeal Dy. No. 724/2023 Date: 15.12.2023
Bank of India Vs. M/s Gangotri Enterprises Ltd. & Ors.
Present: Shri P. K. Bajpai, counsel for the appellant-Bank, Shri Sandeep Arora, counsel for the respondent no. 35-UBI, Shri K. Kartikeya, Advocate holding brief of Shri Vivek Kumar Singh, counsel for the respondent-IDBI Bank,
Learned counsel for the respondent no. 35-UBI has relied upon the provision of section 14 of the Insolvency and Bankruptcy Code and has argued that the provision of sub section 1 of section 14 regarding moratorium will not be application so far as guarantor is concerned, therefore the order for dismissal of the O.A. cannot be sustained as it is in contravention of section 14 of the aforesaid Act.
Issue notice to the remaining respondents by two modes i.e. Registered Post with A.D. and Speed Post. Steps to be taken by the appellant within a week. Affidavit of service along with tracking report be filed by the next date.
List this case on 15.03.2024 for service.
Justice R. D. Khare Chairperson
Anupam
Bank of India
M/s Gangotri Enterprises Ltd.
R. D. Khare
As recorded by the court registry
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