Gaurav Ashok Adukia-Applicant-/Linesh Ravindra Devalia-PlffVsBasab Biraja Paul

Date: 25-02-2020
Business: Adv. Vaishnav for plaintiff present and mentioned the matter in the morning that he will not available in the second session.
Called out at 3.45 pm.
Adv. Nidhi Singh with Adv. Kirti Vagal for intervener Mr. Gaurav Adukia present and original CS no. 333/20 and NM no. 775/20 along with affidavit.  She also filed common affidavit of service on the plaintiff and also separate affidavit of service on defendant in CS no. 333/20
Heard Ld. counsel for intervener on CS no. 333/20.
None present for plaintiff and defendants. As per affidavit of service, the plaintiff and defendant have been served with Chamber summons no. 333/20  which seeks to add the applicant Mr. Gaurav Adukia as defendant no. 2, as per schedule I annexed with the CS by condoning the delay. After perusal of the affidavit in support of the CS, I find that as per section 7 of insolvency of Bankruptcy code 2016, proceedings have been initiated against the defendant and the same are admitted and pending before National Company Law Tribunal, Mumbai (W). Applicant has been appointed as interim resolution professional(IRP) and he is in possession of suit property. The moratorium period has expired on 30/12/19 and same has been extended for a period of 90 days i.e. till end of the March, 2020. Under the above circumstances the presence of applicant/proposed defendant no. 2 appears to be necessary before this court.
Hence, the CS no. 333/20 is hereby allowed and plaintiff is directed to carry out the amendment within two weeks from today and file on record the amended copy of plaint as per procedure.
Ld. counsel for intervener submitted that there is an urgency in the matter for hearing on interim order passed and continued by this court.
In view of the above, Matter stands Adj for NM hearing to 02.03.2020.
Nature Of Disposal: ALLOWED
Disposal Date: 25-02-2020

Main Case No: SUIT/0102968/2019
Main Cnr: MHCC010116852019
Main Filing No: 111447

Filing Number: 102208/2020
Filing Date: 18-02-2020
First Hearing Date: 25th February 2020
Decision Date: 25th February 2020
Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE