2022 Supreme(SC) 724
UDAY UMESH LALIT, S. RAVINDRA BHAT, PAMIDIGHANTAM SRI NARASIMHA
Narinder Garg – Appellant
Versus
Kotak Mahindra Bank Ltd. – Respondent
Advocates:
Advocate Appeared:
Mr. Gopal Sankarnarayanan, Adv., Mr. Aman Preet Singh Rahi, Adv., Mr. A. Venayagam Balan, AOR, Ms. V. S. Lakshmi, Adv., Mr. AVS Subramanyam, Adv., Mr. Kamil Khan, Adv., Mr. T. R. B. Sivakumar, AOR, Ms. Jaspreet Gogia, AOR, Ms. Mandakini Singh, Adv., Mr. Karanvir Gogia, Adv., Ms. Shivangi Singhal, Adv., Ms. Ashima Mandla, Adv.
Ms. Aishwarya Bhati, ASG, Ms. Sonia Mathur, Sr. Adv., Ms. Praveena Gautam, Adv., Ms. Swarupama Chaturvedi, Adv., Mr. O.P. Shukla, Adv., Mr. Kanu Agrawal, Adv., Mr. Arvind Kumar Sharma, AOR, Mr. Chetanya Singh, Adv., Mr. Nishanth Patil, AOR, Mr. Gaurav Goel, AOR, Mr. Abhinav Agrawal
ORDER
WRIT PETITION (CIVIL) NO.93 OF 2022
The instant writ petition has been filed seeking following reliefs:
“a) Issue Writ of mandamus, Order or Direction or any other appropriate writ, quashing the Criminal Complaints mentioned in para 2.46 of the Writ Petition filed against the Petitioner Company/Corporate Debtors and its Directors under Section 138 of the Negotiable Instruments Act, 1881 pending before concerned the Judicial Magistrate/Chief Metropolitan Magistrate/Judicial Magistrate of 1st Class in view of the order dated 18.3.2020 passed by the National Company Law Tribunal, Chandigarh in C.A. No.610 of 2019 in CP (IB) No.119/Chd/CHD/2018 by which the Resolution Plan was approved by the CoC under Section 30(4) of the Code and as the Respondent Complainants has accepted the approved Resolution Plan; or in the alternative.b) Issue Writ of mandamus, Order or Direction or any other appropriate writ, quashing the Criminal Complaint mentioned in para 2.46 of the Writ Petition which were initiated after the order of moratorium dated 13.11.2018 passed by the National Company law Tribunal, Chandigarh in CP (IB) No.119/Chd/Chd/2018, as it cannot be proceeded even if the old management a
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