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2023 Supreme(Bom) 1044

R. G. AVACHAT
Sheetal Gupta – Appellant
Versus
National Spot Exchange Limited – Respondent


Advocates appeared:
Vinay J.Bhanushali, Advocate, Abhiraj Rao, Advocate, Shreya Arur, Advocate, Bhagyashree Ganwani, Advocate, Yashpal Thakur, Advocate, Nimeet Sharma, Advocate, Asim Shaikh, Advocate, A.R.Patil, Advocate, Anamika Malhotra, Advocate

JUDGMENT

1. Heard.

2. These applications are being decided by this common order since common questions of fact and law arise therein. Moreover, the proceedings are between the same parties.

3. The challenge in these applications, under Sec. 482 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C."), is to the order/s refusing to stay the proceedings under Sec. 138 of the Negotiable Instruments Act, 1881 (for short "NI Act") initiated by respondent no. 1, National Spot Exchange Limited (for short "NSEL"). Stay of the proceedings was sought relying on the provisions of Sec. 96 of the Insolvency and Bankruptcy Code, 2016 (for short "IBC").

4. The applicant in all these applications, is an accused no. 5 in the proceedings under Sec. 138 of NI Act. She had, in a capacity as the Director (Ex), signed the cheques issued in favour of the respondent-NSEL towards discharge of liability incurred by M/s. P. D. Agro Processors Private Limited (for short "PDAPPL") (accused no. 1 in the proceedings under Sec. 138 of NI Act).

5. It is the case of respondent-NSEL that it is a company incorporated under the provisions of Companies Act, 1956. It carries on business as a spot exchange providing

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