Page 583 - IBC Orders us 7-CA Mukesh Mohan

Order Passed Under Sec 7
By Hon’ble NCLT Mumbai Bench

14. The corporate debtor filed another application saying notice has not been served to the debtor,
but this plea pales into insignificance because this Bench already heard the Corporate Debtor and his
application has already been dismissed, therefore this application also does not lie, hence the same is also

hereby dismissed.

15. As to the Petition filed by the Financial Creditor, this Bench, on perusal of this documents filed

by the Creditor, it is evident that the Corporate Debtor defaulted in making payments as mentioned above,
and he has placed the record of the default with Information Utility and he also placed the name of the

Insolvency Resolution Professional to act as interim resolution Professional, having this Bench noticed
that default has occurred and there is no disciplinary proceedings pending against the proposed resolution
professional, therefore the Application under sub-section (2) of section 7 is taken as complete,

accordingly this Bench hereby admits this Application declaring Moratorium with the directions as
mentioned below:
1) That this Bench hereby prohibits 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; 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 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; the recovery
of any property by an owner or lessor where such property is occupied by or in the possession of
the corporate debtor.

2) That the supply of essential goods or services to the corporate debtor, if continuing, shall not be
terminated or suspended or interrupted during moratorium period.

3) That the provisions of sub-section (1) shall not apply to such transactions as may be notified by
the Central Government in consultation with any financial sector regulator.
4) That the order of moratorium shall have effect from 17.1.2017 till the completion of the corporate
insolvency resolution process or until this Bench approves the resolution plan under sub-section

(1) of section 31 or passes an order for liquidation of corporate debtor under section 33, as the
case may be.

5) That the public announcement of the corporate insolvency resolution process shall be made
immediately as specified under section 13 of the Code.
6) That this Bench hereby appoints Mr. Dhinal Shah, 9, Urmikunj Society, Nr. St. Xavier College

Corner, Navrangpura, Ahmedabad -389009, Gujrat, email: dhinal.shah@in.ey.com, Registration

583