Order 2

Order Details: Order Below EX 1
Pdf Text: MHMM180047772021
Summons Cases SS/5800601/2021
MR. LACHHMAN DAULTARAM HINDUJA Vs. DEEPAK BHAGWANDAS RAHEJA
IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS),
58TH COURT, BANDRA, MUMBAI
ORDER BELOW EXH.01
Today I have partly heard Ld. advocate for both parties in respect
of the application Exh.31 moved on behalf of the accused to stay the
proceeding as per the order of Hon’ble National Company Law Tribunal
dated 06.02.2024.
2. While hearing advocate for the accused, he vehemently relied
upon the letter dated 27.02.2024 issued to the accused in his personal
name by Resolution Professional named Hemant Mehta. It apprises
that said Mr. Hemant Mehta came to be appointed as a Resolution
Professional by Hon’ble National Company Law Tribunal, Mumbai in
the matter of IDBI Trusteeship Services Limited V/s. Deepak Raheja.
Accused is claiming stay of the trial on the basis of letter dated
27.02.2024 issued by the said Resolution Professional to the accused.
Paragraph 2 of said letter states that during interim moratorium period
any pending legal action or proceeding in respect of any debt shall be
deemed to have been stayed, and creditor of the debtor shall not
initiate any legal action or proceeding in respect of any debt.
3. Question crops up whether Resolution Professional has such legal
right to direct the parties in the proceeding or the accused who seems
to be guarantor by issuing said letter? If yes, what would be interim
moratorium period and whether still it is continuing? For deciding
crucial question of law pertaining to the application for stay of
proceeding, it appears necessary to issue notice to Mr. Hemant Mehta
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Order below Exh.01
calling his personal appearance and written clarification on following
points:
(1) Whether such interim moratorium period is still continue
against the accused Mr. Deepak Raheja?
(2) Whether he has right or whether any right is conferred by law
upon him as Resolution Professional to write letter dated
27.02.2024 to the accused which is used to stall the
proceeding under Negotiable Instrument Act?
(3) What is present status of the matter before Hon’ble National
Company Law Tribunal, Mumbai?
4. It appears that accused is taking shelter of said letter of
Resolution Professional dated 27.02.2024 for prolonging the trial.
Resolution Professional being the legal authority appointed by law, his
clarification is necessary. Hence, I pass following order.
ORDER
1) Judicial Clerk is directed to issue notice to Mr. Hemant
Mehta calling his personal appearance and giving
clarification in writing on the points mentioned above in
the order R/o. 08.05.2025.
2) Judicial Clerk to annex true copy of present order in
advance for the knowledge of Mr. Hemant Mehta
alongwith notice.
3) Matter adjourned for further hearing till next date.
4) Order dictated and pronounced in open court.
5) Order be uploaded on Court Web Portal.
( M. P. Saraf )
Judicial Magistrate (First Class),
Date : 16.04.2025 58th Court, Bandra, Mumbai.
J.O.Code: MH01362
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Order below Exh.01
CERTIFICATE
I affirm that the contents of this P.D.F. file Order are same, word to word as per the
original Order.
Name of Stenographer : Mrs. Aditi Ravikiran Dalvi
Court : Judicial Magistrate(First Class), 58th Court, Bandra,
Mumbai.
Dictated in open court on : 16.04.2025.
Transcribed and Typed on : 16.04.2025.
Order printed and Signed on : 16.04.2025.
Order Uploaded on : 16.04.2025.
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