IN RE Vs. GUJARAT NRE COKE LTD

JUDGEMENT

(1.) Ld. Resolution Professional (RP) and the lid.'Advocate for the corporate debtor are present C.A. (IB) No. 496/KB/2017 has been moved by the corporate debtor with a prayer that further proceeding of the arbitration between the company and the respondent no. 1 be stayed until disposal of the petition before this Tribunal u/s. 10(1) of the Insolvency and Bankruptcy Code (IBC).

(2.) It appears that C.P. (IB) No. 182/KB/2017 u/s. 10 of the IBC has been admitted by our order dated 07/04/2017 declaring moratorium u/s. 14 of the IBC. Initially this moratorium was valid for 180 days, which was subsequently extended for a further period of 90 days by our Orc^er dated 19/09/2017 and is effective from 04/10/2017 till 01/01/2018.

(3.) In view of the law laid down by the Hon'ble Supreme Court in Civil Appeal No. 16929 of 2017 (Arising out of S.L.P. (C) No. 18195/2017) Alchemist Asset Reconstruction Company Ltd. -versus- Hotel Gaudavan Pvt. Ltd & Ors. it is clear that during the moratorium period all the proceedings shall be stayed including arbitration proceedings.