Delhi High Court - Orders
Alchemist Infra Realty Ltd. & Anr vs Directorate Of Enforcement & Ors on 14 October, 2022
Author: Rajiv Shakdher
Bench: Rajiv Shakdher, V. Kameswar Rao
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ LPA 104/2019, CM Nos.6888/2019 & 33573/2022
ALCHEMIST INFRA REALTY LTD. & ANR ..... Appellants
Through: Mr Sahil Sethi, Ms Ramya Aggarwal
and Mr Samriddh Bindal, Advs. For
Resolution Professional.
versus
DIRECTORATE OF ENFORCEMENT & ORS ..... Respondents
Through: Mr Vivek Gurnani and Mr Sidharth
Sharma, Advs. For Mr Zoheb
Hossain, Adv. for ED.
Mr Akhil Krishan Maggu and Mr
Ayush Mittal, Advs. for applicant in
CM No.33573/2022
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
HON'BLE MR. JUSTICE V. KAMESWAR RAO
ORDER
% 14.10.2022 [Physical Court hearing/ Hybrid hearing (as per request)] CM No.33573/2022
1. This is an application filed by one Mr Vijay Kumar. The applicant seeks clarification qua order dated 13.02.2019.
2. Mr Akhil Krishan Maggu, who appears on behalf of the applicant, says that since the applicant is not a party to the present proceedings, the clarification that the applicant seeks is whether the order dated 13.02.2019 would apply to the applicant as well?
3. Before we proceed further in the matter, we would like Mr Maggu to place on record the writ petition filed by the applicant in the Punjab and Haryana High Court and the orders having been passed by the said court, within the next four weeks.
LPA 104/2019 page 1 of 2 Signature Not Verified Digitally Signed By:PREM MOHAN CHOUDHARY Signing Date:04.11.2022 16:18:47 3.1 Copies of the same will be furnished to learned counsel for the parties.
4. We may also note that insofar as appellant no.1 company is concerned, we have been informed that one Mr Gaurav Mishra has been appointed as Resolution Professional (R.P.) by the NCLT, Delhi Bench. The R.P. is represented by Mr Sahil Sethi, Advocate.
5. In this context, the orders dated 23.03.2022 and 08.07.2022 passed by the NCLT have been placed before us.
5.1 The Registry will scan and upload the aforementioned orders so that the same remain embedded in the case file.
6. According to Mr Sethi, the Corporate Insolvency Resolution Process (CIRP) is on. It is, therefore, his submission that, in any case, there is a moratorium on dealing with the assets of appellant no.1 company as per the provisions of Insolvency and Bankruptcy Code, 2016. 6.1 Mr Vivek Gurnani, who appears on behalf of respondent no.1/ED, disputes this proposition.
7. This aspect of the matter will be examined on the next date of hearing.
8. List the application on 03.02.2023.
LPA 104/2019 & CM No.6888/2019
9. List the matter on the same date i.e., 03.02.2023.
RAJIV SHAKDHER, J
V. KAMESWAR RAO, J
OCTOBER 14, 2022/aj
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LPA 104/2019 page 2 of 2
Signature Not Verified
Digitally Signed By:PREM
MOHAN CHOUDHARY
Signing Date:04.11.2022
16:18:47