9911796707
TMI Blog2021 (4) TMI 1119X X X X Extracts X X X X X X X X Extracts X X X X ..... i Chemicals ('Respondent') under Section 14(1)(a) of the Insolvency and Bankruptcy Code, 2016 ('Code') seeking the following prayer: (a) Allow the present application. (b) Stay the operation of orders dated 28.05.2018 & 06.12.2019 passed by the Court of Ld. ADJ-1, Behror (Alwar) directing the Corporate Debtor to pay an amount of Rs. 7,08,358/- and stay of the operation of the order dated 06.12.2019 and the present execution of the proceedings till the completion of CIRP of the Judgment Debtor/Defendant pursuant to the order dated 12.06.2018 passed by this Hon'ble Adjudicating Authority. (c) Pass such other or further order/order(s) as may be deemed fit and proper in the facts and circumstances of the instant case. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the IA have been duly served on the Respondent both by Speed Post and Courier, In spite of the same, there was no representation for the Respondent in the I.A. In view thereof, the Application was heard and orders reserved. 5. It is pertinent to note that in the instant Application, this Adjudicating Authority vide order dated 13.02.2020 passed a restraining order with respect to execution directions of the Ld. ADJ-1, Behror (Alwar), extracts whereof are as follows: "It is noted that the Court of Learned ADJ-1 has failed to appreciate Section 238 of the IBC, 2016 and ignored the factual state of affairs of effect of moratorium under Section 14. Therefore, the order dated 06.12.2019 passed by the said court is void ab-initio and being co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on 29.06.2017 by the National Company Law Tribunal, Principal Bench, New Delhi in C.A. No. 186(PB) of 2017. 4) A First Appeal was filed before the District Judge, Jaisalmer, Rajasthan under Section 37 of the Arbitration and Conciliation Act, 1996 and by the impugned order dated 06.07.2017 the appeal was asked to be registered and notice was issued awaiting a reply. 5) 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. 6) This being the case, we are surprised that an arbitration proceeding has been purported to be started after ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lication, IA No. 101/JPR/2019 and IA No. 102/JPR/2019, in the extant CIRP proceedings of the Corporate Debtor, this Adjudicating Authority vide order dated 25.11.2020 made following observation with respect to execution directions of the very same court of Ld. ADJ-1, Behror (Alwar), extracts whereof are as follows: "14. It is no longer res-Integra that in order to achieve the object of the IBC, nothing could interfere with or interdict with the provisions of the Code as applicable for Corporate Insolvency Resolution Process, as reiterated by Apex Court in various judgments. Thus, even if the execution orders somehow germinated they were illegal on birth and ineffectual Further, the attachment of the property of the Corporate Debtor was pr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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