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Madhya Pradesh High Court

M/S Mp Agro Brk Energy Ltd. Through Its ... vs Bank Of India Through Its Authorised ... on 6 April, 2023

Author: Sushrut Arvind Dharmadhikari

Bench: Sushrut Arvind Dharmadhikari

                                                                 1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                          MP No. 2004 of 2023
                               (M/S MP AGRO BRK ENERGY LTD. THROUGH ITS DIRECTOR AND OTHERS Vs BANK OF INDIA
                                                THROUGH ITS AUTHORISED OFFICER AND OTHERS)

                           Dated : 06-04-2023
                                  Shri Satish Agrawal, Advocate for the petitioners.

                                  Heard on the question of admission and interim relief.
                                  Issue notice to the respondents on payment of process by RAD mode

within seven working days.

Notice be made returnable within four weeks, failing which this petition shall stand dismissed without further reference to the Bench.

Learned counsel for the petitioners has submitted that since the moratorium/prohibition under Section 14 of the Insolvency and Bankruptcy Code, 2016 is in operation beginning w.e.f. 05.03.2020 till 14.11.2022, the respondent/bank has issued notice to the petitioners under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002 on 02.09.2022, which could not have been done. Learned counsel for the petitioners has also relied on the judgement of the Apex Court in the case of M/s Godrej Sara Lee Ltd. vs. The Excise and Taxation Officer-cum-Assessing Authority and others (2023 Live Law SC 70) to contend that purely legal question is involved and it does not involve disputed questions of fact, then the Apex Court has held that the High Courts should not dismiss the writ petition on the ground of an alternative remedy.

In the meanwhile, the respondent/bank is directed to maintain status-quo, as it exists today, till the next date of hearing.

List the matter after four weeks.

Certified copy, as per Rules.

                                (S. A. DHARMADHIKARI)                  (PRAKASH CHANDRA GUPTA)
                                         JUDGE                                  JUDGE

                           gp




Signature Not Verified
Signed by: GEETA PRAMOD
Signing time: 06-04-2023
17:48:30