Arvind Kumar Jayaswal vs Gupta Engineering Company & Ors
2025 Latest Caselaw 123 Cal/2

Calcutta High Court

Arvind Kumar Jayaswal vs Gupta Engineering Company & Ors on 7 May, 2025

Author: Arindam Mukherjee

Bench: Arindam Mukherjee

OD-7
                                                 ORDER SHEET
                          IA NO. GA/1/2024
                                  IN
                             CS/14/2023
                  IN THE HIGH COURT AT CALCUTTA
                ORDINARY ORIGINAL CIVIL JURISDICTION

                      ARVIND KUMAR JAYASWAL
                               VS.
                 GUPTA ENGINEERING COMPANY & ORS.


 BEFORE:
 The Hon'ble JUSTICE ARINDAM MUKHERJEE

Date: 7th May, 2025 Appearance:

Mr. Dilip Kumar Ghosh, Adv.

For plaintiff Mr. Zishan Haque, Adv.

Mr. Aditya Kanodia, Adv.

Miss Shreya Trivedi, Adv.

For defendants

The Court :- This is an application for judgment upon admission inter

alia under the provisions of Order 12 Rule 6 of the Code of Civil Procedure,

1908 (in short CPC) in a suit for recovery of money said to have been lent

and advanced by the plaintiffs to the defendant no.1 of which the defendant

nos. 2 to 5 are partners.

It is submitted by the defendants that the defendant nos. 2 to 5 had

given personal guarantee in respect of financial assistance availed by

another entity by the name Cristal Cable Industries Limited. Meti Finance

Private Limited, the financial institution made an application before the

National Company Law Tribunal in short (NCLT) under the provisions of

Section 95(1) of the Insolvency and Bankruptcy Code, 2016 (hereinafter

referred to IBC).

In view of such application which has been entertained by NCLT and

a resolution profession (in short RP) has been appointed, the defendant Nos.

2 to 5 cannot be proceeded against.

It is further submitted by the defendants that this suit cannot also be

proceeded any further. The defendants have made an application being

GA/2/2024 wherein by an order dated 27th June, 2024 all proceedings of

CS/12/2023 has been stayed. In course of hearing this application and

considering the issue as to whether the said application can be further

proceeded with since the final result of which may lead to passing of a

decree. It is found that the defendant no.1, the partnership firm is a separate

entity who are not before the NCLT or involved in the application under

Section 95(1)of IBC made against Cristal Cable Industries Limited. It

therefore, falls for consideration whether the moratorium extended to the

defendant nos. 2 to 5 is applicable to the partnership firm being the

defendant no.1 which will in turn prevent the hearing of the suit and the

said application against defendant no.1 or passing a decree against it.

The learned advocates representing the respective parties seek for an

adjournment to consider this point and come back.

The matter is adjourned and shall appear in the list on 19 th May,

2025.

(ARINDAM MUKHERJEE, J.)

Sb/