9911796707
TMI Blog2021 (4) TMI 995X X X X Extracts X X X X X X X X Extracts X X X X ..... e the Labour Superintendent, Seraikella Kharsawan. It is stated in the application that the Corporate Debtor has preferred a Writ Petition before the Hon'ble Jharkhand High Court, Ranchi being W.P.(C) No. 671/2018 inter alia challenging the said Certificate Case, which still pending. This IA is coming up on board for the first time. 2. It is the case of the R.P. that he had intimated Respondent No. 2 (District Certificate Officer, Seraikella Kharsawan) about the moratorium under section 14 (1) of the Insolvency and Bankruptcy Code being still in effect, since the CIRP of the Corporate Debtor is still going on. This was submitted by way of a verified statement dated 23.03.2021. In spite of this, at the hearing held on 23rd March, 2021, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vastava, Ld. Counsel appearing for the Respondent No. 1. 6. Section 14(1) of the Insolvency & Bankruptcy Code, 2016, reads as follows:- (1) Subject to provisions of sub-sections (2) and (3), on the insolvency commencement date, the Adjudicating Authority shall by order declare moratorium for prohibiting all 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 of by the corporate debtor any of its assets or any legal right or beneficial interest therein. (c) Any action to foreclose, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tcy Code, 2016 the provisions of the Code shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being enforced. 9. In these circumstances, we consider this to be a fit case to restrain the Respondent No. 2 from proceeding any further with the Certificate Case, until the moratorium in terms of section 14(1) of the Insolvency and Bankruptcy Code, 2016 ends. 10. This order shall be brought to the notice of the Respondent No. 2 by the applicant/RP on the next date of hearing, i.e. 13.04.2021. 11. Registry is directed to issue notice to Respondent No. 2 by Speed post and also forward to him the copy of today's order for compliance. Upon receipt of this notice, the Respondent No. 2 shall ..... X X X X Extracts X X X X X X X X Extracts X X X X
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