Mayank Jaswantlal Shah vs Praful Nanji Satra
2023 Latest Caselaw 12396 Bom

Bombay High Court

Mayank Jaswantlal Shah vs Praful Nanji Satra on 7 December, 2023

Author: Abhay Ahuja

Bench: Abhay Ahuja

                                                                6-SJ-16-2021.doc


                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     ORDINARY ORIGINAL CIVIL JURISDICTION

                    SUMMONS FOR JUDGMENT NO.16 OF 2021
                                   IN
                   COMMERCIAL SUMMARY SUIT NO.3 OF 2021

 MAYANK JASWANTLAL SHAH                                )...PLAINTIFF
      V/s.
 PRAFUL NANJI SATRA                                    )...DEFENDANT

 Mr. Kunal Vaishnav with Mr. Vijeet Trivedi i/by Ganesh and Co.,
 Advocates for the Plaintiff.
 Ms. Rima Desai with Mr. Shlok Bodas i/by Parinam Law Associates,
 Advocates for the Defendant.

                           CORAM :   ABHAY AHUJA, J.

                           DATE :    07 DECEMBER, 2023.
 P.C. :

1. When the matter is called out, Mr. Bodas, learned Counsel for the

Defendant appears and submits that in view of Section 96 of the

Insolvency and Bankruptcy Code, 2016 (the "IBC") since an application

has been filed under Section 95 by a Creditor against the Defendant

therein, upon the filing of the said application an interim moratorium

has commenced on the date of the application, which learned Counsel

submits is from 1st November, 2023.

2. Mr. Vaishnav, learned Counsel for the Plaintiff also concurs with

the said submission, however, submitting that by an order dated 21 st

6-SJ-16-2021.doc

November, 2023, in another case before the NCLT, Mumbai Bench-I,

where the Defendant herein was the Corporate Debtor therein, the

NCLT has observed that the proceedings are collusive and an attempt to

thwart the proceedings before the Hon'ble Bombay High Court and

accordingly, the said petition filed by another Creditor therein, was

dismissed and the moratorium under Section 96 of the IBC was

declared to have ceased from the date of the said order. The Petitioner

therein was saddled with cost of Rs.5 lacs.

3. Learned Counsel submits that the said order was delivered on

21st November, 2023 and the present matter seems to have been

registered soon thereafter on 29 th November, 2023 and may perhaps

meet the same end.

4. Be that as it may, in view of Section 96 of the IBC and

considering that case no. C.P. (IB)-1131/2023 has been filed by

Gammon Reality Limited against the Defendant therein, this Court

adjourns the matter till the conclusion of those proceedings.

5. Remove from the board. Liberty to apply.

(ABHAY AHUJA, J.)