CDRF/MSD/ MA No. 23/2020
In CC/416/2016
Order Dated – 30/09/2020
Ms. Keerthika Singarvel,
Flat No. 202, Amar Co.op.Hsg. Society,
Sector 58 A, Nerul, Navi Mumbai – 400706. ....... Applicant / Complainant
V/s.
1. Reliance Communications Limited,
Second floor, Fortune – 2000,
Bandra – Kurla Complex,
Bandra (East), Mumbai – 400051.
2. Mr. Vishal Gurung,
Appllate Authority,
Reliance Communications Limited,
2nd floor, North South Wing,
Reliance Centre, Santacruz (East),
Mumbai – 400055.
3. Ms. Sharmin Fernandez,
SaaS Head,
Reliance Communications Limited,
2nd floor, North South Wing,
Reliance Centre, Santacruz (East),
Mumbai – 400055.
4. Mr. Tilak Chatterjee,
Deputy Gen. Manager,
Reliance Communications Limited,
2nd floor, North South Wing,
Reliance Centre, Santacruz (East),
Mumbai – 400055.
5. M/s. S. V. Enterprises,
06, Ground floor, Tower No. 5,
Vashi Railway Station Complex,
Vashi, Navi Mumbai – 400703.
6. M/s. Sai Shraddha Infocomm,
Shop No. 10, Shreeji Milaap CHS,
Plot No. 53, Sector 47, Seawoods,
Navi Mumbai – 400706. ....... Non Applicants /
Opponents
Before - Hon’ble Mrs. Shubhada Tulankar, President
Hon’ble Ms. Preethy Chamikutty , Member,
Hon’ble Mrs. Shraddha M. Jalanapurkar, Member
Complainant in person
Opponent No. 1 – Absent
Opponent No. 2 & 3 - Deleted
Opponent No. 4 – Absent
Opponent No. 5 – No W.S.
Opponent No. 6 – Ex- parte
Order on M.A. No. 23/2020
PER : Hon. Ms. PREETHI CHAMIKUTTY, Member
- The Opposite Party (O.P.) has filed present application informing the Forum about order of NCLT initiating moratorium under Insolvency and Bankruptcy code 2016 (IBC 2016) of Reliance Communications Ltd. Also attached with the application is an Order Sheet of hearing of Mumbai bench of the NCLT on 21.6.2019 in MA 2146/2019, MA 2101/2019, MA 1851/2019 in CP(IB) 1387 (MB)/2017. Name of Parties in the order sheet are: Ericsson India Pvt. Ltd. v/s. Reliance Communication Ltd. The said order sheet records the removal of Mr. Pradeep Kumar Sethi as the IRP and appointment of Mr. Anish Niranjan Nanavaty as resolution professional.
- O.P. has prayed for dismissal of present complaint in the application.
- Complainant has opposed the application of Opposite Party and filed two judgments a) M/s. Innovative Industries Ltd. v/s. ICICI Bank, Civil Appeal Nos. 8337-8338 of 2017, Supreme Court of India b) Power Grid Corporation of India Ltd. v/s. Jyoti Structures Ltd., O.M.P. (COMM.) 397/2016, High Court of Delhi. Complainant has prayed for dismissal of application of O.P.
- We have perused the application, reply of Complainant and both the judgments filed by Complainant in detail. While the Apex Court’s judgment explains in detail about the various sections of IBC 2016, the Delhi High Court judgment speaks about exclusion of certain proceedings that benefit the corporate debtor during the time when moratorium has been initiated under IBC 2016.
- It is by now a settled position of law that when moratorium has been initiated against any party under IBC 2016, proceedings before all other courts, tribunals, arbitration panel or other authority is prohibited. Even the judgments produced by Complainant reiterate the same point. However we opine that just because moratorium has been initiated, that is no reason to dismiss the present complaint. Under the circumstances we proceed to pass the following order :
ORDER
- Application of O.P. is rejected.
- Having gained knowledge of the moratorium initiated under IBC 2016 for the O.P., present complaint to be kept in abeyance until the moratorium is completed.
- Complainant is granted liberty to file appropriate application before this Forum to revive present complaint alongwith appropriate order of NCLT about removal of moratorium proceedings against O.P.
Date :- 30/09/2020
Place :- Bandra - Mumbai
