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TMI Blog2019 (11) TMI 1280X X X X Extracts X X X X X X X X Extracts X X X X ..... rchana Pathak Dave, AOR Mr. Sandeep Pathak, Adv. Ms. Deepsha Talwar, Adv. JUDGMENT INDU MALHOTRA, J. Leave granted. 1. The present Civil Appeals have been filed by the Appellant - Resolution Professional appointed by the National Company Law Tribunal for the Corporate Debtor - M/s Hirakud Industrial Works Ltd., to challenge the interim Orders dated 14.08.2019 and 05.09.2019 passed by the Odisha High Court in W.P. (Civil) No. 7939/2011. 2. This Court vide Order dated 23.09.2019 issued Notice to all the parties, including the Writ Petitioners i.e. the Hirakud Workers' Union - Respondent No. 13 herein. The Appellant was directed to serve Dasti Notice to all the Respondents, and the auction proceedings before the High Court were direc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... missioner, Sambalpur Division (Respondent No. 10 herein) to recover the workmen's dues by sale of the assets of Respondent No. 4 - Company through a public auction. 4.5 These proceedings culminated in the Order dated 03.08.2015 passed by this Court, wherein it was directed that the issue of quantifying the compensation payable to the workmen should be determined by the Labour Court. It was further directed that if Respondent Nos. 1 to 3 fail to make the payment of compensation to the workmen, the assets of Respondent No. 4 would be sold through public auction, and the proceeds would be used for disbursement of the arrears of the workmen. 4.6 The Labour Court, Sambalpur vide Order dated 11.11.2016 quantified the amount payable to the wor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... acre. The High Court directed the Additional Government Advocate to file an affidavit with respect to the valuation conducted. 4.12 The High Court by a further Order dated 05.09.2019, recorded the submission of the Appellant - Resolution Professional that there were other companies which had expressed an interest to participate in the public auction. The matter was posted for further hearing on 17.09.2019. 4.13 The Appellant - Resolution Professional filed the present Civil Appeals to challenge the Interim Orders dated 14.08.2019 and 05.09.2019 passed by the Odisha High Court in W.P. (Civil) No. 7939/2011 on the ground that since the CIRP against Respondent No. 4 had commenced, the proceedings before the High Court in W.P. (Civil) No. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ncy commencement date, the Adjudicating Authority shall by order declare moratorium for prohibiting all of the following, namely: (a) the institution of suits or continuation of pending suits or proceedings against the corporate debtor including execution of any judgement, decree or order in any court of law, tribunal, arbitration panel or other authority; (b) transferring, encumbering, alienating or disposing off by the corporate debtor any of its assets or any legal right or beneficial interest therein; (c) 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 Securitisation and Reconstruction of Financial Assets and Enforcement ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The provisions of this Code shall have effect, notwithstanding anything inconsistent therewith contained in any other law for the time being in force or any instrument having effect by virtue of any such law." 8. Section 231 of the IBC bars the jurisdiction of civil courts in respect of any matter in which the Adjudicating Authority i.e. the NCLT or the NCLAT is empowered by the Code to pass any Order. Section 231 is set out hereinbelow for ready reference : "231. Bar of jurisdiction. - No civil court shall have jurisdiction in respect of any matter in which the Adjudicating Authority or the Board is empowered by, or under, this Code to pass any order and no injunction shall be granted by any court or other authority in respect o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... No. 13 - Hirakud Workers' Union to file an application under Regulation 9 of the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 for payment of arrears, salaries and other dues before the competent authority. Regulation 9 reads as follows :- "9. Claims by workmen and employees. (1) A person claiming to be a workman or an employee of the corporate debtor shall submit claim with proof to the interim resolution professional in person, by post or by electronic means in Form D of the Schedule: Provided that such person may submit supplementary documents or clarifications in support of the claim, on his own or if required by the interim resolution professional, before the c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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