Gayatri Rubchem Pvt. Ltd vs M/S. Monotona Tyres Ltd
2024 Latest Caselaw 945 Bom

Bombay High Court

Gayatri Rubchem Pvt. Ltd vs M/S. Monotona Tyres Ltd on 15 January, 2024

Author: Abhay Ahuja

Bench: Abhay Ahuja

                                                           13-comss-184-2017.doc


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

                  COMMERCIAL SUMMARY SUIT NO.184 OF 2017

 Gayatri Rubchem Pvt. Ltd                            ...Plaintiff
       V/s.
 M/s. Monotona Tyres Ltd                             ...Defendant

 None for the parties.


                               CORAM   :    ABHAY AHUJA, J.

                               DATE    :    15th JANUARY 2024


 P.C. :


 1.       None for the parties.

2. A perusal of the record indicates that the Defendant is under

moratorium subject to proceedings under Insolvency and Bankruptcy

Code, 2016 and that as per Section 14 (1)(a) the moratorium prohibits

not only the institution of suits but the continuation of the pending

suits or proceedings against the corporate debtor including execution of

any judgment, decree or order in any Court of law, Tribunal, Arbitration

panel or Authority.

3. There is an order dated 30th November, 2018 of the NCLT

declaring the moratorium and also communication dated 11 th March,

13-comss-184-2017.doc

2019, by the Resolution Professional intimating the Prothonotary and

Senior Master of this Court about the moratorium. Accordingly,

adjourned sine die. Liberty to list the matter after the period of

moratorium and/or after the resolution plan as been approved under

the Insolvency and Bankruptcy Code, 2016.

(ABHAY AHUJA, J.)