2018 (5) TMI 1923

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.... present. Counsel for the Applicant has submitted that the Respondent, who has initiated the CIR process against the Corporate Debtor viz., M/S. Diamond Engineering Chennai Private Limited, now has filed the complaint under section 138 of the Negotiable Instrument Act, before the Learned Metropolitan Magistrate 59th Court, Kurla, Mumbai. The Respondent has filed the complaints in CC No.552/SS/2017....

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....berty to file such proceedings under Section 138 of the Negotiable Instruments Act against the accused persons. However, if any order is passed in the complaints by the Learned Metropolitan Magistrate 59th Court, Kurla, Mumbai that will have bearing on the CIR process initiated by this Adjudicating Authority against the Corporate Debtor, as in the event of compounding the offence, the amount invol....

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....06.2017. The Respondent/Complainant has violated the order of moratorium issued by this Adjudicating Authority, which is deliberate attempt on the part of the complainant and sheer misuse of the process of Law. The complainant is guilty of suppressing the material fact, while filing the complaints before the Learned Metropolitan Magistrate 59th Court, Kurla, Mumbai. As the Respondent/Complainant ....