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TMI Blog2024 (8) TMI 1281X X X X Extracts X X X X X X X X Extracts X X X X ..... nce of appellant/ defendant no. 1 is that the aforementioned application, whereby modification of the order dated 22.10.2019 was sought was not adjudicated and instead, simply notice was issued with a direction to the learned Joint Registrar to record evidence in the matter. 3. According to us, if the order had ended with issuance of notice to respondent no. 1/plaintiff, one would have found no reason to interfere. 4. As observed by us while issuing notice in the appeal and hereinabove, the learned Single Judge went on to direct the learned Joint Registrar to continue with recordal of evidence in the suit action. 5. Concededly, the appellant/ defendant no. 1, in the suit action preferred by the respondent no. 1/ plaintiff, has filed a co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1996. This judgement is titled, Power Grid Corporation vs. Jyothi Structures Ltd., 2017 SCC Del 12189. 9. In opposition, counsel for the appellant/ defendant no. 1 has submitted that the decision in SSMP is contrary to several decisions rendered by the Supreme Court and other High Courts. 10. In this context, reliance was placed on the following judgments: (i) P. Mohanraj & Ors. v. Shah Brothers Ispat Pvt. Ltd., (2021) 6 SCC 258; (ii) New Delhi Municipal Council v. Minosha India Limited, (2022) 8 SCC 384; (iii) Zillion Infraprojects Private Limited v. Tenova Technologies Private Ltd., 2024:KHC:7368; (iv) Imperial Consultants and Securities Limited v. Assistant Commissioner of Income Tax, Circle-5(1), Mumbai, 2024:BHC-OS:2101- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ainst the corporate debtor including execution of any judgment, decree or order in any court of law, tribunal, arbitration panel or other authority;" 18. Mere perusal of the provisions of Section 14 (1) of the IBC would show that once moratorium is declared by the adjudicating authority i.e., NCLT, it prohibits the institution of suits or continuation of pending suits or proceedings against the corporate debtor, which includes execution of any judgment, decree or order in any Court of law, tribunal, arbitration panel and other authorities. The corporate debtor in this case being the appellant/defendant no. 1, as alluded to above, the appellant/defendant no. 1 has preferred a counter claim. 19. Clearly, the plain language of Section 14 (1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... viously, would also include the counter-claim, in our view, is flawed. 22. Thus, to that extent, the impugned judgment and order is varied. 23. The recordal of evidence by the learned Joint Registrar (Judicial) will continue vis-a-vis the counter-claim preferred by the appellant/ defendant no. 1. However, moratorium will operate vis-a-vis the claim made by the respondent no. 1/ plaintiff. 24. The appeal is disposed of in the aforesaid terms. 25. At this stage, the learned counsel for the respondent no. 1/ plaintiff says that the respondent no. 1/ plaintiff should have liberty to move the concerned NCLT Bench for bringing to its notice the claims it seeks to prefer against the appellant/ defendant no. 1. 26. In case such an application ..... X X X X Extracts X X X X X X X X Extracts X X X X
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