Delhi High Court - Orders
Sandeep Gupta vs Shri Ram Steel Traders & Anr on 15 July, 2022
Author: Jasmeet Singh
Bench: Jasmeet Singh
$~29
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 381/2022
SANDEEP GUPTA ..... Petitioner
Through: Mr. Shashank Khurana, Adv.
versus
SHRI RAM STEEL TRADERS & ANR. ..... Respondents
Through: Mr Naginder Benipal, Ms Harithi
Kambiri and Ms Neeshu, Advs. for R-
1, Mr Aayush Agarwala and Mr
Siddham Nahata, Advs. for R-2.
CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH
ORDER
% 15.07.2022 CRL.M.A. 13434/2022 This is an application seeking of adjournment proceedings before the MM (New Delhi-01), Patiala House Court, New Delhi in CT No. 12161/2018 titled „Shri Ram Steel Traders vs. Richa Industries Limited and Ors.‟ It is submitted by Mr. Khurana, learned counsel for the petitioner that the learned Trial Court is proceeding to frame charges against the petitioner and the same will severely prejudice the petitioner's case.
Mr. Khurana, learned counsel relies upon para 47 of P. Mohan Raj vs. Shah Brothers Ispat Pvt. Ltd.(2021) 6 SCC 258 to state that under Section 94 and 96 of the Insolvency and Bankruptcy Code, 2016, whenever an application is filed under Section 94, the interim moratorium period starts Signature Not Verified Digitally Signed ByAMIT ARORA Signing Date:18.07.2022 11:39:24 from the date of filing of the application.
In the present case, the application was filed under Section 94 on 24.08.2020 and the same is still pending adjudication.
In this view of the matter, he submits that there is an interim moratorium period against the petitioners.
Issue notice, Mr. Benipal appears for respondent No. 1. Issue notice to respondent No. 2 through all modes, returnable on 29.08.2022.
Mr. Benipal shall file reply if he so wishes. For the reasons stated above, till the next date of hearing, the proceeding in CT No. 12161/2018 titled „Shri Ram Steel Traders vs. Richa Industries Limited and Ors.‟, is stayed.
List on 29.08.2022.
Dasti JASMEET SINGH, J JULY 15, 2022/dm Click here to check corrigendum, if any Signature Not Verified Digitally Signed ByAMIT ARORA Signing Date:18.07.2022 11:39:24