Rajasthan High Court
Sanjay Maheshwari S/O Badri ... vs Rajender Kumar Malpani S/O Late ... on 16 January, 2023
Bench: Anoop Kumar Dhand
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 65/2023
Sanjay Maheshwari S/o Badri Narayan
----Petitioner
Versus
Rajender Kumar Malpani S/o Late Sh. Madan Lal Malpani,
----Respondent
For Petitioner(s) : Mr. Abhishek Bharadwaj
For Respondent(s) : Mr. Sanjeev Kumar Mahala, PP
HON'BLE MR. JUSTICE ANOOP KUMAR DHAND
Order
16/01/2023
Counsel for the petitioner submits that the proceedings
against the petitioner are initiated before the National Company
Law Tribunal, Jaipur (for short 'the NCLT') and on 01.09.2021 the
NCLT has passed the following order:
"8. It is clarified that from the date of filing this
application i.e. 02.08.2021 by the Applicant,
Interim Moratorium commences as stipulated
under Section 96(1) of the Code in relation to all
the debts of the Personal Guarantor. During the
Interim Moratorium period: (i) any pending legal
action or proceedings in respect of any debt shall
be deemed to have been stayed; and (ii) the
creditors of the debtor shall not initiate any legal
action or proceedings in respect of any debt. As
per Section 96(3) of the Code, the provisions of
sub-section 96(1) shall not apply to such
transactions as may be notified by the Central
Government in consultation with any financial
sector regulator."
(2 of 3) [CRLMP-65/2023]
Counsel submits that subsequently the said petition has
been admitted by the NCLT vide order dated 30.05.2022 and has
passed the following order:
"7. Resultantly, Insolvency Resolution Process is
initiated against Respondent / Personal Guarantor
and moratorium is declared, which begins with the
date of admission of the application and shall
cease to have effect at the end of the period of
180 days, as provided under Section 101 of IBC.
During the moratorium period interalia the
following provisions shall be in effect:
a. Any pending legal action or proceeding in
respect of any debt shall be deemed to have been
stayed; and
b. The creditors of the debtor shall not initiate any
legal action or proceedings in respect of any debt;
and
c. The debtor shall not transfer, alienate,
encumber, or dispose of any of his assets or his
legal rights or beneficial interest therein;
d. The provisions of this Section shall not apply to
such transactions as may be notified by the Central
Government in consultation with any financial
sector regulator."
Counsel for the petitioner has placed reliance upon the
judgment of Hon'ble Apex Court in the case of P. Mohanraj and
Ors. vs. Shah Brothers Ispat Pvt. Ltd. reported in 2021 (6)
SCC 258.
Counsel submits that under the similar circumstances
interim orders have been passed by this Court in identical
petitions S.B. Criminal Misc. Petition Nos.3593/2022 and
6766/2022 filed by the petitioner. Counsel further submits that
(3 of 3) [CRLMP-65/2023]
subsequently the Co-ordinate Benches of this Court at Principal
Seat has also passed the interim orders in Criminal Misc. Petition
Nos.4875/2022, 6508/2022 and 6469/2022.
Issue notice.
Issue notice of the stay application also. Rule is made
returnable by 09.02.2023.
List on 09.02.2023.
Till next date, further proceedings of Criminal
Complaint / Regular Case No.27677/2020 pending before the
Court of Special Metropolitan Magistrate (NI Act Cases) No.7,
Jaipur Metropolitan-I, Jaipur, shall remain stayed.
(ANOOP KUMAR DHAND),J
KuD/45
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