Oasis Ceramic Pvt. Ltd vs Brahmani Electric Sales And ...
2023 Latest Caselaw 2217 Guj

     C/SCA/3563/2023                                   ORDER DATED: 13/03/2023




       IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
        R/SPECIAL CIVIL APPLICATION NO. 3563 of 2023
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                   OASIS CERAMIC PVT. LTD.
                            Versus
           BRAHMANI ELECTRIC SALES AND SERVICE
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Appearance:
MR. BHARAT B VELANI(6809) for the Petitioner(s) No. 1
MRS NISHA M PARIKH(2397) for the Petitioner(s) No. 1
for the Respondent(s) No. 1
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 CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

                              Date : 13/03/2023

                                ORAL ORDER

1. Heard Mrs. Nisha M. Parikh, learned advocate appearing for the petitioner.

2. By way of the present petition, the petitioner herein has challenged the order dated 06.01.2020 passed by the Principal & Civil Judge, Valia, wherein, the objection raised by the petitioner herein i.e. judgment- debtor came to be rejected vide Regular Execution Application No. 4 of 2019.

3. Mrs. Parikh, learned advocate has placed on record the order dated 19.12.2022 passed by the National Company Law Tribunal Court No. V, Mumbai Bench in Company Petition No. 1215/(IB)-MB-V/2020 and placed reliance on Clause-d of the said

C/SCA/3563/2023 ORDER DATED: 13/03/2023

order, which reads thus:

"d. That this Bench hereby declare moratorium in terms of Section 14 of Insolvency and Bankruptcy Code, 2016 prohibiting the institution of suits or continuation of 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 other authority; transferring, encumbering, alienating or disposing of by the corporate debtor any of its assets or any legal right or beneficial interest therein; any action to foreclose, recover or enforce any security interest created by the corporate debtor in respect of its property including any action under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002; the recovery of any property by an owner or lessor where such property is occupied by or in the possession of the Corporate Debtor."

4. Placing reliance on the aforesaid order dated 19.12.2022 passed by the National Company Law Tribunal Court No. V, Mumbai Bench in Company Petition No. 1215/(IB)-MB-V/2020, Mrs. Nisha M. Parikh, learned advocate appearing for the petitioner does not press the present petition, at this stage.

5. Permission, as prayed for is granted.

The present petition, stands disposed of, as not pressed, accordingly.

(VAIBHAVI D. NANAVATI,J) Pradhyuman