Delhi High Court - Orders
Vishnoo Mittal vs Vdoit4U Event Management on 16 January, 2023
Author: Yogesh Khanna
Bench: Yogesh Khanna
$~13
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 2057/2021, CRL.M.A. 13837/2021, 15588/2022
VISHNOO MITTAL
..... Petitioner
Through: Mr.Rakesh Malhotra, Advocate.
versus
VDOIT4U EVENT MANAGEMENT
..... Respondent
Through: Mr.S.B.Singh, Advocate.
CORAM:
HON'BLE MR. JUSTICE YOGESH KHANNA
ORDER
% 16.01.2023
1. The learned counsel for respondent submits copy of Crl.M.A. No.15588/2022 has not been supplied to him. Be supplied to him during the course of day.
2. The learned counsel for respondent submits the documents which the petitioner is relying upon were never supplied to him.
3. The learned counsel for petitioner submits since the petition has been filed under Section 95 (1) of the Insolvency and Bankruptcy Code, 2016 against the petitioner and a resolution professional has since been appointed to examine the application and make recommendations, hence in the circumstances, the provisions of Section 96 of the IBC, 2016 shall apply and the proceedings for recovery of debt against him, even under Section 138 NI Act, need to be stayed.
4. In support of his arguments, the learned counsel for petitioner has relied upon Vijay Kumar Ghai vs Preet Pal Singh Babbar 2022 SCC OnLine PH 1672 as well as the order dated 10.01.2023 passed in Bhupinder Singh Sawhney vs Yogesh Trading Company & Others W.P. (Crl) No.55/2023 Signature Not Verified Digitally Signed By:PRADEEP SHARMA Signing Date:17.01.2023 15:53 wherein upon initiation of proceedings under Section 94 IBC, 2016 the proceedings under Section 138 NI Act were directed to be stayed.
5. List again on 02.03.2023 and in the meanwhile, the petitioner shall be exempted through the learned counsel before the learned Trial Court.
YOGESH KHANNA, J.
JANUARY 16, 2023 M Signature Not Verified Digitally Signed By:PRADEEP SHARMA Signing Date:17.01.2023 15:53