HON’BLE MR.JUSTICE ISHAN CHANDRA DAS,PRESIDENT

ORDER NO. 10

      A complaint case was filed against the OPs i.e. (1) M/s Educom Solutions Ltd. and (2) M/s Edu Smart Services Pvt. Ltd. claiming compensation of a sum of Rs. 31,65,800/- (Rupees thirty one lakh sixty five thousand eight hundred). It was alleged that the OPs were entrusted for introducing a new technology for helping schools in the matter upgradation of education to their students for better learning digitally which was not properly materialized for which the complainants suffered and therefore prayed for an order directing the OPs either to replace the defective hardware/equipment of the smartclass or to refund a sum of Rs. 4,85,302/- (Rupees four lakh eighty five thousand three hundred two) to be  paid to the complainant by the OPs with interest, compensation, litigation cost and other consequential reliefs. Today is the date fixed for filing questionnaire by the OP no. 2 and the case was decided to be heard exparte against the OP no. 1. On the date of hearing i.e. on 06-12-2018 the OP no. 2 appeared and filed a copy of the order passed by the National Law Company Tribunal, New Delhi, Principal Bench and it was submitted before us that the Company itself went on liquidation as it declared itself a bankrupt Company. On perusal of the said order dated 27-06-2017 it appears to us that there should be a complete prohibition from doing the following acts: -

“(a) the institution of suits or 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;

(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, 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 of Security Interest Act, 2002;

(d) the recovery of any property by an owner or lessor where such property is occupied by or in the possession of the corporate debtor”.

       Section 373 of the Companies Act, 2013 stands as a bar to any proceeding against the Company by a creditor/consumer herein and in view of the provisions of section 373 of the Companies Act, 2013, the complainant is at liberty to take appropriate legal recourse before the appropriate Legal Authority for redressal  and with this observation we dispose of the complaint case. No order as to costs.