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2018 Supreme(AP) 681

RAMESH RANGANATHAN, K.VIJAYA LAKSHMI
Deccan Chronicle Holdings Limited – Appellant
Versus
Indiabulls Housing Finance Ltd. – Respondent


Advocates Appeared:
For the Petitioner:R. Raghunandan, Senior Counsel for Sanjay Suraneni, Advocate.
For the Respondents:S. Nirajnan Reddy, Senior Counsel for Rusheek Reddy K.V. Advocate, K. Lakshman, Assistant Solicitor General.

JUDGMENT :

RAMESH RANGANATHAN, J.

1. In this Writ Petition, a writ of mandamus is sought to declare the order passed by the Chief Metropolitan Magistrate, Hyderabad, in Crl.MP. No.2479 of 2013 dated 17.08.2013, as arbitrary, illegal and violative of the moratorium order passed by the National Company Law Tribunal (‘NCLT’ for short) dated 19.07.2017 under Section 14 of the Insolvency & Bankruptcy Code, 2016 (‘IBC’ for short); and for a consequential direction to the respondents not to take any further steps to execute the warrant dated 12.07.2018, including dispossessing the petitioner company, from the property situated at 36, Sarojini Devi Road, Secunderabad, during the pendency of the Corporate Insolvency Resolution Process.

2. Facts, to the extent necessary, are that the NCLT passed an order, under Section 7 of the IBC on 19.07.2017, appointing an interim Resolution Professional in the exercise of its powers under Section 16 of the IBC. Pursuant thereto the Corporate Insolvency Resolution Process (‘CIRP’ for short) of the petitioner commenced from 19.07.2017. By its order dated 19.07.2017, the NCLT also declared a moratorium, under Section 14 of the IBC, prohibiting the following a
























































































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