Haryana

Yamunanagar

CC/19/2021

Harinder Kaur W/o Pritam Singh - Complainant(s)

Versus

CHD Developers Ltd. - Opp.Party(s)

Sushil Garg

18 Oct 2023

ORDER

 

CC No.19 of 2021.

Harinder Kumar       Vs.     CHD Developers.

 

Present:        Sh. Sushil Garg, Adv. for the complainant.

                     Opponent No.1 ex-parte (Sh. SS Nehra, Adv. for the opponent No.1.).

                     (Notice of complaint was not ordered against the opponent No.2).

                            

1.                  Heard, on application dated 06.04.2023 (application in hand).

2.                By way of application in hand, the opponent has prayed for stay of further proceeding in this case, against the opponent, as the Hon’ble National Company Law Tribunal (NCLT), while invoking the provisions of the Insolvency and Bankruptcy Code imposed moratorium and during the period of moratorium, no proceeding of any kind can be initiated against the opponent. In this regard, the opponent placed on record copy of order dated 05.09.2022 passed by the NCLT, Bench, New Delhi.  The complainant in reply opposed the stay of proceeding. The counsel for the complainant, vehemently, argued, the complainant is not a party before the NCLT and in view of the judgment of the Hon’ble Supreme Court of India, in case of Narinder Garg & Ors. Vs. Kotak Mahindra Bank Ltd. & Ors., 2022(4) Latest Judicial Reports 495; held, the moratorium, provisions contained in Section 14 of the Insolvency and Bankruptcy Code, 2016, would apply only to the corporate debtor and the natural persons mentioned in Section 141 of the Act, only.

3.                It is not the case of the complainant that the opponent CHD Developer Limited is not falling within the definition of corporate debtor. Therefore, the law cited (Supra) by the counsel for the complainant is not at par with the facts and circumstances of the case in hand. The application dated 06.04.2023, is accepted and further proceeding in this care are hereby stayed, with the condition, after the vocation of moratorium order by the Hon’ble National Company Law Tribunal, New Delhi, Principal Bench, on the application of the complainant, the proceeding may be revived or he may be at liberty to file afresh complaint against the opponent, if advised so, and in the afresh complaint, he will disclose the particulars of this complaint and its fate. File be consignment to the records.

 

                                                                                      President,

L. Member.                     Member.                                DCDRC, YNR,

                                                                                      18.10.2023.

Typed by: Jitender Sharma, Steno-typist