Fair Deal Supplies Limited vs R. Piyarelall Iron And Stell Private ...
2024 Latest Caselaw 2088 Cal/2

Calcutta High Court

Fair Deal Supplies Limited vs R. Piyarelall Iron And Stell Private ... on 14 June, 2024

Author: Arindam Mukherjee

Bench: Arindam Mukherjee

OD-13 & 14

                                  ORDER SHEET

                   IN THE HIGH COURT AT CALCUTTA
                 ORDINARY ORIGINAL CIVIL JURISDICTION


                                AP No. 156 of 2020
                                IA No. GA/3/2022

                     FAIR DEAL SUPPLIES LIMITED
                               VERSUS
            R. PIYARELALL IRON AND STELL PRIVATE LIMITED

                               EC 176 of 2021
                      IA No. GA 1 of 2022, GA 3 of 2022,
                  GA 4 of 2023, GA 5 of 2023, GA 6 of 2023
                     (COMMERCIAL DIVISION MATTER)

            R. PIYARELALL IRON AND STEEL PRIVATE LIMITED
                               VERSUS
                   RAM PRASAD AGARWALA AND ORS.


BEFORE:
The Hon'ble JUSTICE ARINDAM MUKHERJEE
Date: 14th June , 2024.


 Mr. Debdut Mukherjee, Advocate, Ms. Nilanjana Adhya, Advocate, Mr. Kaushik Banerjee,
                 Advocate, Ms. Sudipta Paul, Advocate for the petitioner in item no.13.

                                                                Mr. Parikshit Poddar, Adv.
     For Interim Resolution Professional of Fair Deal Supplies Limited in item no.13 & 14.

                   Mr. Ankan Rai, Mr. Ratnesh Kr. Rai, Ms. Sakshi Kejriwal, Ms. P. Bajaj,
                                            Advocates for the respondent in item no.13.

Mr. Debdut Mukherjee, Adv.Ms. Nilanjana Adhya, Adv. Mr. Kaushik Banerjee, Adv., Ms. Sudipta Paul, Adv.

For the judgment debtor no.5 in item no.14.

Mr. Mainak Bose, Advocate, Mr. Zeeshan Haque, Advocate, Mr. Altamash Alim, Advocate, Mr. Selim Malik, Advocate for the judgment debtor nos. 1 to 4 and 6 in item no.14.

Mr. Ankan Rai, Adv.

Mr. Ratnesh Kumar Rai, Adv.

Ms. Sakshi Kejriwal, Adv.

Ms. P. Bajaj, Adv.

For the Award-holder in item no. 14.

The Court : Both the judgment debtors (petitioner in this setting aside

application) and the award-holder (respondent no.1) are being proceeded

with under the Insolvency & Bankruptcy Code, 2016 (in short IBC). At the

present the proceedings are pending before the National Company Law

Appellate Tribunal (NCLAT). The moratorium is operating against the

petitioner as well as the respondent no.1.

In the aforesaid facts and circumstances, let this setting aside

application along with the connected application and the execution

application along with the connected applications go out of the list for the

time being with liberty to mention once the proceedings before the NCLAT or

the National Company Law Tribunal is brought to a stage when the

applications before this Court can be proceeded with.

(ARINDAM MUKHERJEE, J.)

snn.