Delhi High Court - Orders
Cox And Kings Global Services Pvt. Ltd vs Union Of India on 10 February, 2023
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~7 & 8
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 5052/2020 & CM APPLs.18230/2020, 35895/2022,
41435/2022
COX AND KINGS GLOBAL SERVICES
PVT. LTD. ..... Petitioner
Through: Mr. Rishi Agrawala & Ms.Shruti
Arora, Advocates.
versus
UNION OF INDIA ..... Respondent
Through: Mr. Kirtiman Singh, CGSC, Mr.
Waize Ali Noor, Ms. Kunjala
Bhardwaj, Mr. Madhav Bajaj, Ms.
Shreya V. Mehra, Mr. Yash
Upadhyay, Ms. Vidhi Jain, Advocates
for UOI. (M:8527837602)
Mr. Rajshekhar Rao, Sr. Advocate
with Mr. Rajat Aneja, Mr. Jasmeet
Singh, Mr. Saif Ali, Mr. Divjot Singh
Bhatia, Mr. Pushpendra S. Bhadoriya,
Mr. Ruhsheet Saluja & Mr. Garvit
Thukral, Advocates for R-2. (M:
9910159955)
(8) AND
+ W.P.(C) 5613/2020 & CM APPLs.20344/2020, 33616/2021
WORLD COMPLIANCE TECHNOLOGIES
PVT. LTD. ..... Petitioner
Through: Mr. Rajshekhar Rao, Sr. Advocate
with Mr. Rajat Aneja, Mr. Jasmeet
Singh, Mr. Saif Ali, Mr. Divjot Singh
Bhatia, Mr. Pushpendra S. Bhadoriya,
Mr. Ruhsheet Saluja & Mr. Garvit
Thukral, Advocates.
versus
UNION OF INDIA & ANR. ..... Respondents
Through: Mr. Kirtiman Singh, CGSC, Mr.
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:13.02.2023
15:32:13
Waize Ali Noor, Ms. Kunjala
Bhardwaj, Mr. Madhav Bajaj, Ms.
Shreya V. Mehra, Mr. Yash
Upadhyay, Ms. Vidhi Jain, Advocates
for UOI.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 10.02.2023
1. This hearing has been done through hybrid mode.
2. It is brought to the notice of the Court that vide Order dated 5th January, 2023 titled 'Indusind Bank Ltd. v. Cox and Kings Global Services Private Limited', the National Company Law Tribunal, Mumbai Bench IV (hereinafter 'NCLT') has declared moratorium under Section 14 of the Insolvency and Bankruptcy Code, 2016 (hereinafter 'IBC,2016'). Mr. Birendra Kumar Agrawal has been appointed as the Interim Resolution Professional (hereinafter 'IRP') by the NCLT.
3. In view of the above, let notice be issued in both these writ petitions i.e., WP(C) 5025/2020 and WP(C) 5613/2020 to the IRP- Mr. Aggarwal by the Registry on his email address ([email protected]) and on his mobile number (M: 9769379944). In addition, ld. Counsel seeks permission to move an application seeking discharge in the matter owing to this development. Let a proper application be filed after giving notice to the IRP.
4. Mr. Rajshekhar Rao, ld. Sr. counsel submits that the bank guarantees which are submitted by World Compliance Technologies Private Limited (hereinafter 'WCT') also ought to be released inasmuch as the contract itself having been terminated, the Union of India cannot hold the bank guarantees Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:13.02.2023 15:32:13 of WCT in lieu of amounts due from Cox and Kings Global Services Pvt. Ltd. Mr. Kirtiman Singh, ld. Counsel, however, submits that the order dated 9th June, 2020 would have to be given effect to.
5. Upon the service of the IRP being effected to ensure that the corporate debtor is duly represented to the court, the submissions made today shall be considered.
6. In view of the order passed by this Court dated 31st August, 2020, the banks who have issued the bank guarantees shall keep the said bank guarantees alive. It shall also be the duty of the Respondent- WCT to ensure the same.
7. List on 13th July, 2023.
PRATHIBA M. SINGH, J.
FEBRUARY 10, 2023 dj/rp Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:13.02.2023 15:32:13