Punjab-Haryana High Court
Seema Malhotra vs District Magistrate Ludhiana And ... on 14 December, 2023
Author: Lisa Gill
Bench: Lisa Gill
CWP No. 25989 of 2023 (O&M) 1 2023:PHHC:160390-DB IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.25989 of 2023(0&M) Date of Decision: 14.12.2023 Seema Mathetra 44... 4... Qoeees Petitioner Versus District Magistrate, Ludhiana and others sevens Respondents CORAM:- HON'BLE MRS.JUSTICE LISA GILL HON'BLE MRS. JUSTICE RITU TAGORE Present: Mr.Aalok Jagga, Advocate for the petitioner. Mr. Aman Bansal, Advocate for the respondent-Bank. oh 35 2K 3k LISA GILL, J(Oral).
1. Prayer in this writ petition is for directing respondents to comply with mandatory statutory provision of Section 96 of the Insolvency and Bankruptcy Code, 2016 (for short 'IBC') with moratorium being in place on account of application having been filed by one financial creditor for initiation of Insolvency Resolution Process qua petitioner under Section 94 of IBC. It is further prayed that direction be issued to respondents to place on record order dated 06.07.2023 issued under Section 14 of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short 'SARFAESI Act') by respondent no.1 while refraining from taking any steps for implementation of order dated 06.07.2023.
2. Learned counsel for respondent-Bank submits that this writ petition is rendered infructuous inasmuch as SA No. 89 of 2023 filed by Anil Kumar Malhotra i.e., husband of petitioner, is pending adjudication. CWP No. 873 of 2022 filed by Anil Kumar Malhotra was disposed of on sanzay KHAN 04.2023 while relegating him to avail his remedy under Section 17 of Tavieat to the accu racy and integrity of this document CWP No. 25989 of 2023 (O&M) 2 SARFAESI Act. Moreover, in view of moratorium which is in place upon filing of application under Section 94 of IBC, necessary action shall be taken only in accordance with law.
3. Though, learned counsel for the respondent-Bank has raised certain averments regarding concealment of filing of SA by petitioner's husband in the present writ petition and that no intimation regarding filing of petition under Section 94 IBC was given to the Bank with said averments being refuted and repudiated by learned counsel for the petitioner, however, we do not find any ground whatsoever to delve into this aspect of the matter as the same is inconsequential at this stage in view of specific statement made by learned counsel for the respondent-Bank that during currency of moratorium no action in violation thereof shall be taken. .
4. Learned counsel for the petitioner is unable to deny that this writ petition is indeed rendered infructuous in view thereof.
5. Writ petition is accordingly disposed of as infructuous. There is no expression of opinion on the merits of the matter or even entertainability thereof.
( LISA GILL ) JUDGE (RITU TAGORE) December 14, 2023. JUDGE s.khan Whether speaking/reasoned : Yes/No. Whether reportable : Yes/No. SANJAY KHAN 2023.12.20 11:42 I attest to the accuracy and integrity of this document