M/S. R. Piyarelall Iron & Steel Private ... vs Ram Prasad Agarwala & Ors
2025 Latest Caselaw 2374 Cal/2

Calcutta High Court

M/S. R. Piyarelall Iron & Steel Private ... vs Ram Prasad Agarwala & Ors on 2 September, 2025

Author: Arindam Mukherjee

Bench: Arindam Mukherjee

OCD-2
                                 ORDER SHEET

                          IA No.GA-COM/7/2025
                                    IN
                               EC/176/2021
                    IN THE HIGH COURT AT CALCUTTA
                         COMMERCIAL DIVISION
                              ORIGINAL SIDE


          M/S. R. PIYARELALL IRON & STEEL PRIVATE LIMITED
                                VS.
                    RAM PRASAD AGARWALA & ORS.


BEFORE:
The Hon'ble JUSTICE ARINDAM MUKHERJEE
Date: 2nd September, 2025.

             Mr. Ratnesh Kr. Rai, Ms. Vipra Garg, Ms. Sakshi Kejriwal, Advocates for the
                                                                          decree holder.

                               Mr. Mainak Bose, Sr. Adv., Mr. Debdut Mukherjee, Mr.
             Zeeshan Haque, Mr. Kaushik Banerjee, Ms. Sudipta Paul, Mr. Selim Mallik,
                                                 Advocates for the judgment debtors.




      The Court : Affidavit-in-opposition on behalf of the respondent nos.1,

to 4 and 6 to the application being GA-COM 7 of 2025 filed in Court today is

taken on record. The reply to such affidavit-in-opposition is already on

record.

After hearing the parties it is apparent that the position prevailing

prior to making of this application that is to say the decree holder as also

the judgment debtor No.1 are under the aegis of the National Company Law

Tribunal, Kolkata Bench on being proceeded against under the Insolvency

and Bankruptcy Code, 2016 through initiation separate proceedings

thereat. The moratorium is still in continuance and Corporate Insolvency

Resolution Process (in short CIRP) is in operation against the judgment

debtor no. 1 as also against the decree holder.

In the aforesaid facts and circumstances, this application wherein

injunction has been sought for by the decree holder in respect of one of the

immovable properties of the judgment debtors situate at Coimbatore, Tamil

Nadu is not required to be heard on an urgent basis prior to the Vacation.

Let this matter stand adjourned and shall appear in the monthly list

of December, 2025.

(ARINDAM MUKHERJEE, J.)

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