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Manish Kumar vs M/S Topworth Urja And Metals Limited on 17 October, 2022

Bench: M.R. Shah, M.M. Sundresh

                                                            1

     ITEM NO.29                                  COURT NO.6                       SECTION IX

                                     S U P R E M E C O U R T O F              I N D I A
                                             RECORD OF PROCEEDINGS

               Petition(s) for Special Leave to Appeal (C)                     No(s).     9191/2022

     (Arising out of impugned final judgment and order dated 19-04-2022
     in AFO No. 363/2022 passed by the High Court Of Judicature At
     Bombay)

     MANISH KUMAR                                                                  Petitioner(s)

                                                          VERSUS

     M/S TOPWORTH URJA AND METALS LIMITED & ORS.                                   Respondent(s)

     IA No. 74139/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
     JUDGMENT & IA No. 74143/2022 - PERMISSION TO FILE ADDITIONAL
     DOCUMENTS/FACTS/ANNEXURES

     Date : 17-10-2022 This matter was called on for hearing today.

     CORAM :                  HON'BLE MR. JUSTICE M.R. SHAH
                              HON'BLE MR. JUSTICE M.M. SUNDRESH

     For Petitioner(s)                   Mr.   Swarnendu Chatterjee, AOR
                                         Mr.   Pranav Avhad, Adv.
                                         Ms.   Darshana, Adv.
                                         Mr.   Yashwardhan Singh, Adv.
                                         Ms.   Deepakshi Garg, Adv.

     For Respondent(s)                   Ms. Charu Ambwani, AOR
                                         Ms. Susy George, Adv.
                                         Mr. Devashish Chauhan, Adv.

                               UPON hearing the counsel the Court made the following
                                                  O R D E R

It is reported that against the respondent-Company, CIRP proceedings are going on and the Resolution Professional [RP] has been appointed and pursuant to the order passed by the NCLAT even the RP is in charge of the corporate debtor-respondent. Signature Not Verified

In that view of the matter, during the moratorium period, no Digitally signed by NIRMALA NEGI Date: 2022.10.22 13:58:47 IST Reason: proceedings against the Company shall be maintainable and/or continued.

On the aforesaid ground alone, the present Special Leave Petition is not entertained. However, it is observed that in case the NCLAT set aside the order of admission and the CIRP proceedings are discharged, in that case, it will be open for the petitioner to revive the Special Leave Petition, which may be considered in accordance with law and on its own merits.

The Special Leave Petition stands disposed of.

(R. NATARAJAN)                                            (NISHA TRIPATHI)
ASTT. REGISTRAR-cum-PS                                  ASSISTANT REGISTRAR