Kishan Mundra vs Saurabh Singh Bhadoriya
2023 Latest Caselaw 18196 MP

                                  1
            IN THE HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR
                          MCRC No. 49080 of 2023
                   (KISHAN MUNDRA Vs SAURABH SINGH BHADORIYA)

Dated : 31-10-2023
      Shri Amit Lahoti - Advocate for the petitioner.

      Heard on admission/stay.
      The present petition under Section 482 of Cr.P.C. is preferred by the
petitioner for issuance of direction for halt of proceedings pending before the
trial Court -JMFC, Bhind in the wake of the fact that company of petitioner
(CMM Infra Project Limited) is before the National Company Law Tribunal

(NCLT) under insolvency resolution process at the instance of petitioner under
Section 94 of the Insolvency and Bankruptcy Code, 2016. Some of the
creditors have also approached the Court for resolution.
      Learned counsel for the petitioner referred Section 96 of the Code for
interim moratorium and submits that in the wake of said Section, proceedings
under Section 138 of the Negotiable Instruments Act shall stand halted. He also
relied upon the judgment of Apex Court in the case of P. Mohanraj and
others Vs. Shah Brothers Ispat Private Limited, (2021) 6 SCC 258 and
submits that the said judgment deals in respect of interim moratorium vis a vis

proceedings under Section 138 of the Negotiable Instruments Act. According
to him, present proceedings cannot move in view of the said provision and the
judgment of Apex Court.
      Issue notice to the respondent on payment of process fee within seven

days by RAD mode, returnable within four weeks.

A s an interim measure, till next date of hearing, trial pending before JMFC, Bhind in respect of present petitioner shall remain stayed.

List in the month of December, 2023.

(ANAND PATHAK) JUDGE

Anil*

ANIL Digitally signed by ANIL KUMAR CHAURASIYA DN: c=IN, o=HIGH COURT OF MADHYA PRADESH

KUMAR BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=8512f40a1a9eaa50b6802d068b51dae27e84 c266b09d283f0799e67cdc7df50f,

CHAURASI pseudonym=F7E569EA2A8955818DF870B0C50764B 46C526E80, serialNumber=EC534CBB3B245F050119F06F4A296D D83C765A1E2ACC6EC7D8BD8CBCC9C2446E, cn=ANIL KUMAR CHAURASIYA

YA Date: 2023.10.31 19:00:42 +05'30'