PEERLESS FINANCIAL SERVICES LTD Vs. RASOYA PROTEINS LTD

JUDGEMENT

(1.) Ma No, 344/2017 IN TCP No. 856/1 &BF/NCLT/MB/MAH/2017 The Counsel for the Petitioner as well as the Corporate Debtor are present.

(2.) On the application moved by the Promotor and Managing Director of the Corporate Debtor stating that the Financial Creditor, who filed petition under section 7 of Insolvency and Bankruptcy Code and obtained an Admission Order from this Bench, went ahead and obtained an attachment against the properties of the company before Hon'ble Chief Metropolitan Magistrate, Kolkata knowing pretty well that the Petitioner should not initiate or continue any proceedings as long as moratorium is in force against Corporate Debtor including execution of any judgment, degree or order in any court of law, tribunal, arbitration panel or othrr authority, the Financial Creditor is hereby directed to explain, on or before next date of hearing, as to how this Financial Creditor namely Peerless Financial Services Ltd.

(3.) Could proceed against the company and obtain an attachment from the criminal court against this company while moratorium is in operation over the Corporate Debtor on the admission order obtained by this very Financial Creditor.