09.06.2023 Present:-Sh.Vikas Kumar, counsel for the complainant.

Sh.K.K Vinocha, counsel for opposite parties.

This order shall dispose of application filed by opposite parties for dismissal of complaint in view of order of Hon'ble National Company Law Tribunal passed on 20.7.2022 in insolvency proceedings.

Counsel for opposite parties has argued that Hon'ble National Company Law Tribunal has prohibited continuation of all legal pending proceedings against opposite parties.

On the other hand, learned counsel for complainant has controverted the facts stated in the application by filing reply and has argued that said order is in respect of civil suit and execution and proceedings before consumer court cannot be stayed.

We have heard counsel for parties and gone through the record and order dated 20.7.2022.

A perusal of order dated 20.7.2022 clearly prohibits the institution of suits and continuation of pending suits or proceedings against the corporate debtor including execution of any judgment, decree or order in any court of law, tribunal, arbitration panel or other authority, transferring, encumbering, alienating or disposing of by the corporate debtor any of its assets or any legal right or beneficial interest therein; any action to foreclose, recover enforce any security interest created by the corporate debtor in respect of its property including any action under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002; the recovery of any property by an owner or lessor where such property is occupied by or in the possession of the Corporate Debtor.

As such, in view of order dated 20.7.2022, application filed by opposite parties is allowed and present complaint is dismissed at this stage.

(Shivdev Singh) (Lalit Mohan Dogra)

Member President