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IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 16929 OF 2017

(Arising out of S.L.P. (C) No. 18195/2017)

ALCHEMIST ASSET RECONSTRUTION COMPANY LTD. Petitioner(s)

VERSUS

M/S. HOTEL GAUDAVAN PVT. LTD. & ORS. Respondent(s)

O R D E R

1)

Leave granted.

2)

Heard the learned Senior Counsel/Counsel appearing for the

parties.

3)

The facts of the present case disclose a very sorry state of

affairs. Several proceedings had been taken and ultimately a

petition filed under the Insolvency and Bankruptcy Code, 2016 was

admitted on 31.03.2017 by the National Company Law Tribunal,

Principal Bench, New Delhi. As a result, the moratorium that is

imposed by Section 14 came into effect on that date and Respondent

No.3 has been appointed as the Interim Resolution Professional

(IRP). A Writ Petition was filed against this order, which was

admitted only to the extent of the challenge to the vires of the

Insolvency Code, is pending. A Special Leave Petition against this

order was dismissed on 26.04.2017. Meanwhile, despite the

moratorium, a letter was issued by Respondent No.1 to