Delhi High Court - Orders
Carnet Elias Fernandes & Ors vs State & Ors on 25 February, 2020
Author: Suresh Kumar Kait
Bench: Suresh Kumar Kait
$~49
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 1037/2020
CARNET ELIAS FERNANDES & ORS. ..... Petitioners
Through Mr.Krishan Kumar, Adv. with
Ms.Sunita Arora, Adv.
versus
STATE & ORS. ..... Respondents
Through Mr. Izhar Ahmad, APP for State.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
ORDER
% 25.02.2020 Crl. M.A. 4144/2020
1. Allowed, subject to all just exceptions.
2. Application is disposed of.
Crl.M.C.1037/2020 & Crl.M.A. 4143/2020
3. Present petition is filed under section 482 Cr.P.C. for setting aside the impugned order dated 31.01.2020 passed by learned MM-01, NI Act, Patiala House Courts, New Delhi in CC No.22858/16.
4. Case of petitioners is that M/s. Beeta Kone Tools filed a case against the proforma respondent no.2 M/s. GEI Industrial Systems Ltd. before National Company Law Tribunal, Ahmedabad Bench at Ahmedabad, under section 9 of Insolvency and Bankruptcy Code wherein the Tribunal declared moratorium under Section 13(1) (a) of Insolvency and Bankruptcy Code with directions to respondent not to transfer, alienate or dispose off any corporate debtors, any of its assets or any legal right or beneficial interest therein. The prohibition shall apply to institution of suits or continuation of pending suits or proceedings against the corporate debtor i.e. M/s. GEI Industrial Systems Ltd. including execution of any judgment, decree or order in any court of law, tribunal, arbitration panel or other authority.
5. Counsel for petitioner submits that now Resolution Plan has been approved and there is every likelihood that the Board of Directors shall decide the fate of the company and they shall be empowered with financial powers of the company.
6. Further submits that respondent No.2 company filed two complaint cases under section 138 Negotiable Instruments Act being CC No. 22858/16 (subject matter of present petition) and CC No. 23097/16 against proforma respondent M/s. GEI Industrial Systems Ltd., the petitioners herein and others in respect of dishonour of cheques amounting to Rs.1 Crore in both the cases (Rs.50 lakhs each). The said cases are pending before the Ld. Trial Court and now fixed for 27.02.2020.
7. However, during pendency of above cases, out of total Rs.1 Crore in both the cases (Rs.50 lakhs each) M/s. GEI Industrial Systems Ltd. had already paid Rs.94.50 lakhs to the respondent No.2 as on date, in the present case as well as in CC No.23097/16. The proforma respondent is still ready and willing to pay the remaining amount to respondent No.2. M/s. GEI Industrial Systems Ltd. and has been making payment of the dishonoured cheques to respondent no.2 in instalments.
8. It is submitted that M/s Shah Brothers initiated two complaint cases under section 138 Negotiable Instruments Act against P. Mohanraj & Others before Ld. MM, Kurla Mumbai i.e. one case was initiated prior to initiation of Corporate Insolvency Resolution Process and the second was after initiation of Corporate Insolvency Resolution Process. Learned MM issued process against Mohanraj and Others. However, P. Mohanraj and Others approached the National Company Law Tribunal, Chennai wherein vide order dated 24.05.2018, NCLT directed Shah Brothers to withdraw complaints under section 138 NI Act treating it as a proceeding filed after order of Moratorium. Against this order, Shah Brothers approached NCLAT and vide order dated 31.07.2018 set aside order of NCLT and directed Ld. MM to proceed in the matter.
9. He further submits that being aggrieved, P. Mohanraj and others approached Hon'ble Supreme Court wherein vide order dated 26.10.2018, the Supreme Court directed stay of further proceedings in both the cases filed by Shah Brothers and matter is pending adjudication.
10. He further submits that not only in the above two cases, many other similarly situated cases have been stayed by the Hon'ble Supreme Court.
11. Issue notice.
12. Learned APP accepts notice on behalf of respondent no.1.
13. On taking steps, let notice be served upon respondent nos.2 & 3, returnable on 20.05.2020.
14. Till further order, proceedings before the Trial Court pending against the petitioners shall remain stayed.
15. Order dasti under signatures of the Court Master.
SURESH KUMAR KAIT, J FEBRUARY 25, 2020 ab