A moratorium under the IBC does not preclude actions against promoters for execution of decrees.

JUDGMENT :

Sureshwar Thakur, J.

Through the instant writ petition, a challenge is cast to the order dated 11.10.2024 (Annexure P-32). The said order became passed by respondent No. 2, on an application dated 7.10.2024 (Annexure P-29) wherebys, the relief claimed thereins for revival of the execution petition, became declined.

2. Necessarily, the filing of the execution petition was uncontrovertedly pursuant to a binding and conclusive verdict becoming rendered on 7.9.2018, verdict whereof becomes embodied in Annexure P-1.

3. Though the said binding and conclusive decision was required to be enforced through an execution petition being filed before the learned Executing Court/Executing Authority concerned, and, an effective order being rendered thereons. However, it appears, that in the face of a moratorium becoming imposed on 5.3.2024 (Annexure P-22), by the National Company Law Tribunal, New Delhi, that therebys the Executing Court/Executing Authority, thus relented from executing the binding and conclusive verdict (supra). Furthermore, the said passed order was appealed by the aggrieved therefrom, before the appellate authority concerned, which led to the passing of the order dated 26.7.2024 (Annexure P-23).

4. Today, the Resolution Professional is present in Court, and, states that the import of the supra passed order, is that, the moratorium as became imposed against the judgment debtor company, is still in operation, wherebys there is unamenability for realization of the decretal amount from the judgment debtor company.

5. It appears that as stated supra, the passing of the supra order had restrained the learned Executing Court/Executing Authority concerned, from executing the binding and conclusive verdict (supra).

6. The order (Annexure P-32), which is impugned before this Court, becomes extracted hereinafter.

"x x x x

Although vide order of this forum dated 24.7.2024, file was ordered to be consigned to the record room, with direction not to weed out the same till further orders. It was pointed out on that day i.e. 24.7.2024, that insolvency proceedings were going on against JD and this fact was admitted by learned counsel for DH also. It is worth mentioning that recovery certificate was issued in this matter to the Collector, Gurugram on 21.2.2023, to recover decretal amount from JD as arrears of land revenue. In view of order/circular issued by Chief Secretary Government of Haryana, No. 50/15/20240-5S (1) dated 11th May 2024, powers of the Collector have been conferred upon the Adjudicating Officer and all the recovery certificates have been received back.

As per learned counsel for DH, no amount has been recovered through Collector, Gurugram till now. Notice was issued to both of parties and hence file was put up today again. As mentioned above, insolvency proceedings are going on against the JD. Moratorium is in force.

In such a circumstance, this forum cannot proceed with the matter. File be sent back to the record room, with direction not to weed out the same, till further orders"

7. Though, the remedy to challenge the said order, is through an appeal thereagainst being filed, before the learned statutory appellate authority concerned. However, since the order challenged before this Court is in derogation of the principles stated in a judgment rendered by the Apex Court in case titled as Ansal Crown Heights Flat Buyers Association (Regd.) versus M/s Ansal Crown Infrabuild Pvt. Ltd. and others, and to which Civil Appeal No(s). 4480-4481 of 2023, becomes assigned, whereins, in paragraphs 10 and 11, paragraphs whereof become extracted hereinafter, it has been forthrightly stated, that irrespective of a moratorium becoming impose