Srei Equipment Finance Pvt. Ltd vs Smt. Kishore Kanwar Wife Of Late ...
2022 Latest Caselaw 7709 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 17964/2022

Srei Equipment Finance Pvt. Ltd.
                                                                  ----Petitioner
                                   Versus
Smt. Kishore Kanwar Wife Of Late Shri Prem Singh
                                                                ----Respondent

For Petitioner(s) : Mr. R.K. Agarwal, Sr. counsel assisted by Mr. Peush Nag, Adv.

Mr. Avinash Kumbhaj, Adv.

For Respondent(s)         :



          HON'BLE MR. JUSTICE INDERJEET SINGH

                                    Order

08/12/2022

Mr. R.K. Agarwal, learned senior counsel appearing on behalf

of the petitioner submits that the National Company Law Tribunal,

Kolkata Bench vide its order dated 08.10.2021allowed the

application filed on behalf of the Reserve Bank of India and held

that there shall be moratorium in terms of Section 14 of the

Insolvency and Bankruptcy Code, 2016. Learned senior counsel

further submits that the Reserve Bank has also appointed

Administrator for the petitioner company vide its order dated

04.10.2021. Counsel further submits that in view of Section 14 of

the Insolvency and Bankruptcy Code, 2016 the proceedings

pending before the District Consumer Forum, Ajmer deserves to

be stayed. Counsel further submits that the petitioner has also

submitted an application before the District Consumer Forum,

Ajmer in this regard. Without deciding the said application, the

(2 of 2) [CW-17964/2022]

learned District Consumer Forum vide its order dated 08.10.2021

issued the bailable warrant against the officers of the company.

Learned senior counsel relied upon the judgment passed by

the Hon'ble Supreme Court in the matter of P. Mohanraj & Ors. Vs.

Shah Brothers Ispat Private Limited reported in (2021) 6 SCC 258.

In that view of the matter, issue notice to the respondents

returnable by six weeks.

Meanwhile, further proceedings pending before the District

Consumer Forum, Ajmer in Complaint No.EA/1/2021 shall remain

stayed.

(INDERJEET SINGH),J

JYOTI /167

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