2019 (7) TMI 1520 - Tri - Insolvency and Bankruptcy

Service of notice to respondent - applicant submits that the respondent might be restrained from disposing of the goods belonging to the CD, allegedly in its custody - HELD THAT - Upon hearing both side, we are not inclined to pass any status quo order, as requested, because the Customs Authorities have entered appearance and sought time to file reply affidavit and the status quo as on today is uncertain. Any interim application pending for consideration is to be listed, if it is defect free, along with this CA - List it for hearing on 15/07/2019.

Summary

Issues Involved:
1. Service of notice to respondents and filing of reply affidavit by Customs Authority.
2. Request for restraining respondent from disposing of goods belonging to the Corporate Debtor (CD).
3. Decision on passing a status quo order.

Analysis:
1. The counsel for the applicant has filed an affidavit of service proving the service of notice to the respondents. The Deputy Commissioner of Customs sought time to file a reply affidavit, stating that no copy of the application was served upon the respondent. The tribunal directed the applicant to serve a copy to the respondent and file a reply within 7 days. A rejoinder, if any, is to be filed within 7 days of receiving the reply affidavit.

2. The counsel for the applicant requested that the respondent be restrained from disposing of goods belonging to the CD allegedly in its custody. The tribunal, after hearing both sides, declined to pass a status quo order as requested. This decision was based on the Customs Authorities entering appearance and seeking time to file a reply affidavit, making the current status quo uncertain.

3. The tribunal decided not to pass a status quo order due to the uncertainty of the current situation. Any pending interim applications are to be listed along with this case for consideration. The next hearing is scheduled for 15/07/2019 to further address the issues at hand and any pending applications.