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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SANDEEP V.MARNE
Anupam Dikshit – Appellant
Versus
S. Kumars Nationwide Limited – Respondent
| Table of Content |
|---|
| 1. pending summary suit predates ibc liquidation. (Para 1 , 2 , 3 , 4) |
| 2. no ibc bar on impleading liquidator in pending suits. (Para 5 , 6 , 7) |
| 3. ibc liquidation mechanism bars parallel civil suits. (Para 8) |
| 4. trial court erred venturing merits in amendment application. (Para 9 , 10 , 11 , 12 , 13 , 14) |
| 5. section 33(5) ibc allows continuation of pre-existing suits. (Para 15 , 16 , 17 , 18) |
| 6. liquidator impleadable in pending proceedings; precedents binding. (Para 19 , 20 , 21) |
| 7. section 63 ibc excludes pre-liquidation pending suits. (Para 22 , 23) |
| 8. ibc claim process optional alongside pending suits. (Para 24) |
| 9. section 53 ibc prioritizes wages; does not extinguish claims. (Para 25 , 26) |
| 10. impleadment allowed; impugned order set aside. (Para 27 , 28 , 29) |
JUDGMENT :
SANDEEP V. MARNE, J.
1. By this Petition, Petitioner challenges order dated 17 October 2022 passed by the learned Judge of City Civil Court, Greater Mumbai, dismissing Chamber Summons No. 1769 of 2019 filed by the Petitioner-Plaintiff for adding Official Liquidator as party Defendant in the Suit.
2. Briefly stated, facts of the case are that Petitioner is a Plaintiff in Summary Suit No.1398 of 2017 filed be
Section 33(5) IBC bars new suits post-liquidation but permits continuation of pending ones; liquidator impleadable as defendant to defend; Section 63 does not oust civil court jurisdiction over pre-e....
The court ruled that the moratorium under Section 33(5) of the IBC does not apply to pending suits, thereby allowing them to proceed despite liquidation proceedings.
Applications for claims post-liquidation are inadmissible under the Insolvency and Bankruptcy Code; remedies must be pursued timely.
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