DE LAGE LANDEN FINANCIAL SERVICES INDIA PRIVATE LIMITED Vs. EVAN MULTISPECIALITY HOSPITAL & RESEARCH CENTRE PVT LTD & ORS

JUDGEMENT

(1.) The plaintiff has sued the 11 defendants viz. (i) Evan Multispeciality Hospital & Research Centre Pvt. Ltd., (ii) Ravinder Kumar Sahni, (iii) Raj Bahadur Singh, (iv) Rakesh Khurana, (v) Hardesh Kumar, (vi) Pankaj Jain, (vii) Anuradha Aggarwal, (viii) Shivi Agnihotri, (ix) Pramod Kumar, (x) Saurabh Singh, and, (xi) Dr. Preeti Sharma, for a) recovery of Rs.3,00,67,309/- along with future interest; and, b) permanent injunction restraining the said defendants from dealing with and / or disposing of or encumbering or creating any third party rights and interests in the hypothecated equipment being CT injector & cathlab injector, UPS 80KVA & 120 KVA MX 16 CT system, Allura FD 10 Cathlas and Local Accessories in any manner.

(2.) The suit was entertained and summons thereof ordered to be issued and vide ex parte ad-interim order dated 10th August, 2018, the defendants restrained from alienating, encumbering or parting with possession of or disposing of the hypothecated equipment.

(3.) On the last date of hearing i.e. 13th February, 2019, it was informed by the counsel for the defendants no.1 to 4, 6 and 9 to 11, counsel for defendants no.5 and 8 and the counsel for defendant no.7, that vide order dated 3rd December, 2018 of the National Company Law Tribunal (NCLT), moratorium within the meaning of Section 14 of the Insolvency and Bankruptcy Code, 2016 had been declared with respect to defendant no.1.