2024 (10) TMI 718

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... Samson Correa Mr. Sunny Nandy Mr. T. Singha Roy Ms. S. Singh ... For the Respondent ORDER Learned Advocate for the petitioner and learned Advocate for the opposite party are present. Heard learned Advocates for the parties. Mr. Ganguly appearing for the petitioner submits that the case pending before the learned Metropolitan Magistrate, 8th Court at Calcutta being C.F.S./23479/2024 un....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....nsolvency and Bankruptcy Code, 2016 against the petitioner and the proceedings for personal insolvency against the petitioner no. 2 is pending before the Hon'ble National Company Law Tribunal at Calcutta. Learned Advocate further draws attention to the order passed by the Hon'ble Punjab and Haryana High Court in Vijay Kumar Ghai Vs. Pritpal Singh Babbar reported in 2022 SCC on line P & H 1672. ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... to be on account of the fact that the proceedings under Section 138 against the Directors of the companies as were corporate debtors in those cases, were firstly held to be independent of the proceedings under the code against the corporate debtor itself and further there is no interim moratorium referred to in Section 14, with the moratorium mentioned in that provision, being one as has to be de....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....emed to be stayed. Learned Advocate for the opposite party submits that the petitioner ought to have appeared before the learned Trial Court but the petitioner till today has not appeared personally. Learned Advocate also relies upon a decision of the Hon'ble Allahabad High Court in the case of Atma Singh Vs. State of Punjab reported in 2024(3) AICLR 714 Allahabad. Upon considering the facts....