SUPERTECH LIMITED Vs. KAMAL KUMAR CHAJGOTRA

JUDGEMENT

(1.) The present First Appeal (FA) has been filed by the Appellant against Respondent as detailed above, under Sec. 51 of Consumer Protection Act 2019, against the order dtd. 6/11/2023 of the State Consumer Disputes Redressal Commission, Delhi (hereinafter referred to as the 'State Commission'), in I.A. No. 1285 of 2023 in Consumer Complaint (CC) No. 865/2018 inter alia praying for setting aside the order passed by the State Commission in IA/1285/2023 in CC/865/2018.

(2.) While the Appellant was Respondent and the Respondent was Complainant in the said CC/865/2018 before the State Commission. Notice has not yet been issued to the Respondent in First Appeal. The Appellant has filed the Appeal mainly on the following grounds:

(3.) Heard counsel for appellant. The challenge is to the order dtd. 6/11/2023 of State Commission vide which IA No.1283 of 2023 in CC 865/2018 filed by the appellant herein for adjourning the case sine die on the ground of initiation of Insolvency proceedings by NCLT and imposition of moratorium vide its order dtd. 25/3/2022. In this case, subsequently, NCLAT vide its order dtd. 10/6/2022 initiated reverse insolvency proceedings and limited the moratorium the project in question i.e. Eco Village 'II, the appellant states that the unit of the respondent in the present case in Eco Village - III. It is contended by the appellant herein that the moratorium imposed by NCLT, notwithstanding the subsequent order of NCLAT, applies to the Appellant Company as a whole and to all the project of the appellant and hence State Commission ought to have adjourned sine die.