Delhi High Court - Orders
Neeraj Biala vs The Kingfisher Airlines Ltd on 7 February, 2024
Author: Neena Bansal Krishna
Bench: Neena Bansal Krishna
$~13
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 1117/2013
NEERAJ BIALA ..... Plaintiff
Through:
versus
THE KINGFISHER AIRLINES LTD ..... Defendant
Through: Mr. P.S. Singh & Ms. Annu Singh,
Advocates for Official Liquidator,
Karnataka.
CORAM:
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
ORDER
% 07.02.2024 I.A. 6329/2023 (Exemption)
1. Allowed, subject to all just exceptions.
2. The application is disposed of.
I.A. 6328/2023 (u/S 151 of CPC, 1908)
3. By way of present application, the applicant/plaintiff seeks to set aside the Notice dated 28.07.2022 sent by the Official Liquidator, and direction to the Official Liquidator to consider and provide the claim of the applicant/plaintiff in his favour in terms of Judgment/Order dated 09.09.2014 in the present Suit in the sum of Rs. 38,03,315/-.
4. The present Suit has already been decided/decreed vide Judgment/Order dated 09.09.2014.
5. Learned counsel on behalf of the Official Liquidator who has been This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/02/2024 at 20:44:40 appointed on behalf the defendant submits that the insolvency proceedings have been initiated in Karnataka and no such directions as sought by the applicant/plaintiff by way of present application can be issued in the present Suit.
6. Submissions heard.
7. By way of present application the aforesaid sough directions to be given to the Official Liquidator who has been appointed in the insolvency proceedings which are taking place in Karanataka and on the face of it, the present application is not maintainable, which is hereby dismissed.
NEENA BANSAL KRISHNA, J FEBRUARY 7, 2024 S.Sharma This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/02/2024 at 20:44:40