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Ssmp Industries Ltd. vs Perkan Food Processors Pvt. Ltd. on 18 July, 2019

6. Learned Counsel for the plaintiff has relied upon the judgment in the case of SSMP Industries Ltd. vs. Perkan Food Processors Pvt. Ltd. reported in 2019 SCC OnLine Del 9339 and submitted that unless the proceeding has the effect of endangering, diminishing, dissipating or adversely impacting the assets of corporate debtor, it would not be prohibited under Section 14(1)(a) of the Code. He submits that in the present case also the plaintiff has not claimed against the defendant no.2 and as such, there is no bar for making the IRP as party being the representative of the defendant no.2.
Delhi High Court Cites 6 - Cited by 17 - P M Singh - Full Document

Alchemist Asset Reconstrution Company ... vs M/S. Hotel Gaudavan Pvt. Ltd. on 23 October, 2017

7. Mr. Basu, Learned Advocate appearing for the defendant no.1 has relied upon the judgment in the case of Alchemist Asset Reconstruction Company Limited vs. Hotel Gaudawan Private Limited and Others reported in (2018) 16 Supreme Court Cases 94 and submitted that the mandate of the new Insolvency Code is that the moment an insolvency petition is admitted, the moratorium that comes into effect under Section 14(1)(a) expressly interdicts institution or continuation of pending suits or proceedings against corporate debtors. Mr. Basu submits that admittedly in the present case the moratorium has come into effect and IRP has been appointed and as such, the suit cannot be proceeded against the defendant no.2.
Supreme Court - Daily Orders Cites 3 - Cited by 34 - Full Document
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