Final Order 1

Order Details: Other
Pdf Text: NOTING 25.02.2020 : 1 : C.R.NO.03
25.02.2020
65
CORAM : HIS HONOR JUDGE, CITY CIVIL COURT
SHRI. V.V. VIDWANS (Court Room No. 03)
SU 2968/19 @
CS 333/20 @
NM 775/20
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.
Judge
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