The High Court dismissed the writ petition as not maintainable because a petition under Section 9 of the IBC was admitted by the NCLT, triggering a moratorium under Section 17 that suspended further proceedings in the matter.
Petition dismissed as not maintainable; interim orders vacated; pending applications disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CWP-5246-2022 (O&M)
Page 1 of 2
104
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP-5246-2022 (O&M) Date of Decision: 05.11.2024
RAHUL SAL E S LIMITED
. . . . Petitione r
Vs.
UNION OF I N DIA AND ORS
. . . . Respondent s
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CORAM: HON’BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON’BLE MR. JUSTICE SANJAY VASHISTH
Present: M r. S.K. Mukhi, Advocate (thro u gh VC) f or the petitioner.
M r. Yogesh Putney, Sr. Standin g Counsel with M r. Vaibhav Gupta, Standing C o unsel f or the respondents/Revenue.
****
SANJEEV PRAKASH SHARMA, J.(Oral)
MOHIT GOYAL 2024.11.05 16:35 I attest to the accuracy and integrity of this document
CWP-5246-2022 (O&M)
Page 2 of 2
(SANJEEV PRAKASH SHARMA) JUDGE
(SANJAY VASHISTH) JUDGE
November 05, 2024
Mohit goyal
1. Whether speaking/reasoned? Yes/No 2. Whether reportable? Yes/No
MOHIT GOYAL 2024.11.05 16:35 I attest to the accuracy and integrity of this document
1 issue framed by the court
Whether the writ petition is maintainable in light of the moratorium under Section 17 of the IBC due to an admitted NCLT petition under Section 9.
2 provisions across 1 enactments
Rahul Sales Limited
Union of India And Ors
Sanjeev Prakash Sharma
Sanjay Vashisth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
