TMI Blog2018 (5) TMI 1923X X X X Extracts X X X X X X X X Extracts X X X X ..... icating 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 is well aware about the proceedings initiated by him before this Adjudicating Authority and is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 9th Court, Kurla, Mumbai. The Respondent has filed the complaints in CC No.552/SS/2017 and in CC No.690/SS/2017, after initiating the CIR process against the Corporate Debtor dated 06.06.2017, as reflects from the order passed by this Adjudicating Authority under the provisions of the Code, 2016. Para No.5 of the said order provides that the institution of suits or continuation of pending suits or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ity against the Corporate Debtor, as in the event of compounding the offence, the amount involved has to be paid to the complainant by the Corporate Debtor, which shall result in giving preferential treatment to the complainant, which is not permissible under the provisions of the I B Code, 2016. Therefore, the proceedings in CC No.552/SS/2017 and in CC No.690/SS/2017 before the Learned Metropolit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mplaints before the Learned Metropolitan Magistrate 59th Court, Kurla, Mumbai. As the Respondent/Complainant is well aware about the proceedings initiated by him before this Adjudicating Authority and issuance of the moratorium under Section 14 of the I B Code, 2016. In case the complaints filed by the Respondent/Cornplainant are not withdrawn, then the action for violation of the morator ..... X X X X Extracts X X X X X X X X Extracts X X X X
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