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TMI Blog2024 (10) TMI 718X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 under Section 138/141 of the Negotiable Instr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he 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. The Hon'ble court in the said decision observed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion 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 declared by the Adjudicating Authority; and consequently the S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ubmits 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 of the case and the provisions laid down in Section 94 and 96 of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tted. As opposite party has already appeared, service of notice upon the opposite party is dispensed with. Let this matter appear two weeks after vacation as a contested application. Pending hearing of this application there shall be stay of further proceedings in connection with CS/23479/2024 pending before the learned Metropolitan Magistrate 8th Court at Calcutta for a period of three weeks f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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