RANI MEHRA Vs. LOGIX INFRASTRUCTURE PRIVATE LIMITED

JUDGEMENT

(1.) Heard counsel for the applicants on maintainability of the execution applications.

(2.) Above execution applications have been filed for executing the decree dtd. 11/7/2023 passed in CC/729/2017. The operative portion of the order is quoted below:-

(3.) It is admitted to the applicants that proceeding under Insolvency and Bankruptcy Code, 2016 was initiated against M/s Logix Infrastructure Pvt. Ltd., who was the sole opposite party in the complaint. The National Company Law Tribunal by its order dtd. 14/7/2023 imposed moratorium against the opposite party (JD-1 herein). As per Sec. 14 of Insolvency and Bankruptcy Code, 2016, on imposition of moratorium, institution of suits or continuation of pending suits or proceeding against corporate debtor including execution of any judgment, decree or order in any Court of law, Tribunal, Panel or other authority, has been banned. Thus, ignoring the prohibition as contained under Sec. 14 of Insolvency and Bankruptcy Code, 2016 these execution applications have been filed on 4/8/2023. Therefore, in view of the order of National Company Law Tribunal dtd. 14/7/2023 passed in (IB) - 237 (ND)/2023, the present execution applications cannot be maintained.