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TMI Blog2024 (10) TMI 718X X X X Extracts X X X X X X X X Extracts X X X X ..... of the learned Magistrate. Mhe Hon ble Punjab and Haryana High Court in the case of Vijay Kumar Ghai [ 2022 (8) TMI 477 - PUNJAB HARYANA HIGH COURT ] has observed that by virtue of the term in legal actions or proceedings in respect of any date as per Section 96 and proceedings under Section 138 of the Act would be deemed to be stayed irrespective of the fact that such proceedings were initiated far before the application under Section 94 of the Code was filed by the personal guarantor of the Corporate debtor. This revisional application is admitted. - Biswaroop Chowdhdury, J. Mr.Sandipan Ganguly, Sr. Advocate Mr. Anirban Dutta Mr. S. Bhimsaria Ms. A. Singhania .... For the Petitioner Mr. Francis Samson Correa Mr. Sunny Nandy Mr. T. Singh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ported in 2022 SCC on line P H 1672. The Hon ble court in the said decision observed as follows:- 85. As regards the second question posed to itself by this court in paragraph 34(supra), it would have to be held that by virtue of the term any legal action or proceedings pending in respect of any debt(as per Section 96), proceedings under Section 138 of the Act, would be deemed to be stayed irrespective of the fact that such proceedings were initiated far before the application under Section 94 of the Code was filed by the personal guarantor to a corporate debtor. 86. In that very context, as regards the dismissal by the Supreme Court of other appeals and writ petitions as were heard with P. Mohanraj s case (as have been pointed to by Mr. Me ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ision of the Hon ble Allahabad High Court in the case of Atma Singh Vs. State of Punjab reported in 2024(3) AICLR 714 Allahabad. Upon considering the facts of the case and the provisions laid down in Section 94 and 96 of the Insolvency And Bankruptcy Code, 2016, this court is of the view that even if an accused does not appear before the learned trial court when such order passed by the learned tribunal is within the knowledge of the complainant, such fact should be brought to the notice of the learned Magistrate. Moreover, the Hon ble Punjab and Haryana High Court in the case of Vijay Kumar Ghai (supra) has observed that by virtue of the term in legal actions or proceedings in respect of any date as per Section 96 and proceedings under Sec ..... X X X X Extracts X X X X X X X X Extracts X X X X
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