JAI RAJKUMAR Vs. STANBIC BANK GHANA LIMITED

JUDGEMENT

(1.) A proposed plaint has been placed before me along with an application in A.No.7361 of 2018 with a prayer seeking leave to sue under Clause 12 of Letters Patent. A perusal of the proposed plaint reveals that it has been filed in this Court on 25.09.2018 under Diary No.41408.

(2.) Leave to sue application has been filed primarily owing to the reason that first defendant in the proposed plaint is outside the territorial jurisdiction of this Commercial Division.

(3.) However, considering the peculiar facts and circumstances of the instant case, it has become necessary to examine whether Section 14, more particularly Section 14(1)(a) of the Insolvency and Bankruptcy Code, 2016 (31 of 2016) (hereinafter 'IB Code' for brevity) is attracted. If the answer to this question is in the affirmative, institution of suit vide the proposed plaint in this Commercial Division is prohibited and therefore, this Commercial Division will not deal with the leave to sue application at all.