TMI Blog2021 (4) TMI 1119X X X X Extracts X X X X X X X X Extracts X X X X ..... /2020 in CP No. (IB) 86(ND)2018 and TA No. 83/2018 - - - Dated:- 23-3-2021 - Ajay Kumar Vatsavayi, Member (J) and Raghu Nayyar, Member (T) For the Appellant : Abhishek Anand, Advocate ORDER Raghu Nayyar, Member (T) 1. The instant Application, IA No. 74/JPR/2020 is filed by Ms. Pratibha Khandelwal ('Applicant'), Resolution Professional for Mount Shivalik Industries Limited ('Corporate Debtor'), against M/s. Shree Karni 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, Behro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the court officer of Ld. ADJ-1, Behror pasted a hand written notice at the brewery of the Corporate Debtor; thereby directing attachment of the assets of the Applicant till the payment of decretal amount as per order dated 06.12.2019. Thus, the Applicant RP has filed this Application. 4. This Adjudicating Authority vide order dated 18.02.2021 noted that an affidavit of service has been filed vide Diary No. 1072/2020 dated 16.12.2020 by the RP to show that the notices sent in 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 i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rium, a letter was issued by Respondent No. 1 to Respondent No. 2 invoking the arbitration clause between the parties and Shri Pankaj Garg, an Advocate, was appointed as Sole Arbitrator. Shri Garg entered upon the reference. In an other order dated 31.05.2017, the National Company Law Tribunal, Principal Bench, New Delhi referred to Section 14(1)(a) of the Insolvency Code and stated that given the moratorium that is imposed, no arbitration proceedings could go on. A notice was issued 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 th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assed by the Court of Learned ADJ-1 is still-born and a nullity in law and cannot stand in view of the foregoing factual narrative and the provisions of law as enunciated in this order and consequently stands invalidated. The native Court Officer is directed not to take any coercive steps or act against law and to co-operate with the Resolution Professional to seek whatever information is required from the Resolution Professional and his staff in the best interests of justice 6. Also, in a similar application, 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
