Adjudicating Officer dismissed the application to renew/reopen proceedings under Section 95 of IBC, 2016, ruling that moratorium applies due to pendency in NCLT, and disposed of the matter with liberty to revive.
Application disposed off with liberty to revive as and when required; file closed.
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| 23/08/2023 | Ex. No. |
Before Presiding Officer Dr. Rekha G. Dhakar, DRT-1, Mumbai. Roznama in OA 176 of 2022 Standard Chartered Bank Vs S K S Textiles Limited |
Next date |
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| Advocate Aarti S. & S. Vyas appeared for the Applicant. |
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| Advocate Alok Mishra appeared for the Defendant No. 1 to 6.. Ld. Counsel for both sides informs that Section 95 of IBC, 2016 petition is against Defendant No. 2 to 6, therefore, interim moratorium shall prevail on the present proceeding. Ld. Counsel for the Applicant informs that CRIP has been appointed for Defendant No.1, therefore Mortarium is applicable in the present matter thus submits that the matter may be kept in abeyance. |
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| Looking to the facts that the matters are pending with the NCLT and thus, the moratorium as well as interim moratorium would be applicable in the present matter, therefore, there is no substantive continue the present matter and therefore the same is hereby disposed off with a liberty to the |
Applicant to revive the same as and when required. File be closed and consigned to record. P.O. DRT-I
SP/-46
2 issues framed by the court
Whether interim moratorium applies to pending NCLT proceedings involving Section 95 of IBC.
Whether the matter can be kept in abeyance during pendency in NCLT.
1 provisions across 1 enactments
Standard Chartered Bank
S K S Textiles Limited
Dr. Rekha G. Dhakar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
