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SUPREME COURT
B. Pardiwala, J
Rakesh Bhanot – Appellant
Versus
M/s Gurdas Agro Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. overview of case facts and procedural history. (Para 2 , 3 , 5) |
| 2. legal questions concerning the applicability of insolvency proceedings. (Para 4 , 7) |
| 3. court's consideration of legal arguments. (Para 8 , 9) |
| 4. interpretation of moratorium provisions affecting legal proceedings. (Para 10) |
| 5. distinction between civil liability and criminal prosecution. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 6. denial of stay on prosecution under s.138 ni act. (Para 19) |
1. Leave granted.
2. Since the facts and issues involved in all these cases are common, they are clubbed together and disposed of, by this common judgment.
3. All these appeals are filed against the orders passed by different High Courts, which dismissed the petitions filed under S.482 of the Criminal Procedure Code, 1973 (For short, "CrPC") and thereby affirmed the orders passed by the trial Court rejecting the applications filed for staying the proceedings under S.138 of the Negotiable Instruments Act, 1881 (For short, "N.I. Act, 1881"), sine die till the conclusion of the proceedings initiated under S.94 of the Insolvency and Bankruptcy Code, 2016 (For short, "IBC"), before the National Company Law Tribunal. A writ
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