SUNIL KUMAR PANDEY Vs. UNION OF INDIA

JUDGEMENT

(1.) The instant Letters Patent Appeal has been filed by one, Mr. Sunil Kumar Pandey and his wife ("Appellant") seeking setting aside of the Order dtd. 21/9/2022 passed by the Ld. Single Judge in W.P.(C) 11865/2022 ("Impugned Order"). Vide the Impugned Order, the Ld. Single Judge dismissed W.P.(C) 11865/2022, while giving the Petitioner therein i.e the Appellant herein the liberty to pursue the civil suit instituted by the Petitioners themselves.

(2.) The Appellants have placed on record the following facts to show that they have been defrauded by one builder, namely, Kunal Structural Developers and Industries Pvt. Ltd. ("Respondent No. 3/Respondent Builder") in collusion with Indiabulls Housing Finance Limited ("Respondent No. 4"): -

(3.) It has been argued by the counsel for the Appellants that the learned Judge has failed to consider that the civil suit filed has been rendered infructuous on account of the moratorium imposed on Respondent No. 3 under the Insolvency and Bankruptcy Code, 2016. Further, that although an Application under Sec. 8 of the Arbitration and Conciliation Act, 1996 has been filed before a Trial Judge, it does not preclude this Court from entertaining the writ petition.