Advocates:
B. VIJAYALAKSHMI MENON

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ITEM NO.15 Court 5 (Video Conferencing) SECTION XVII

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

Civil Appeal No(s).3045/2020

TATA CONSULTANCY SERVICES LIMITED Appellant(s)

VERSUS

VISHAL GHISULAL JAIN Respondent(s)

(WITH IA No.85273/2020-EX-PARTE STAY )

Date : 20-11-2020 This appeal was called on for hearing today.

CORAM :

HON'BLE DR. JUSTICE D.Y. CHANDRACHUD

HON'BLE MS. JUSTICE INDU MALHOTRA

For Appellant(s)

Ms. Fereshte D. Sethna, Adv.

Ms. Anuradha Dutt, Adv.

Ms. Suman Yadav, Adv.

Mr. Aditya Sarin, Adv.

Ms. Aboli Mandlik, Adv.

Ms. B. Vijayalakshmi Menon, AOR

For Respondent(s)

UPON hearing the counsel the Court made the following

O R D E R

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Ms Fereshte D Sethna, learned counsel appearing on behalf of the appellant,

submits that there is a misreading of the provisions of Section 14 of the

Insolvency and Bankruptcy Code 2016 by the National Company Law Tribunal

and National Company Law Appellate Tribunal. It has been submitted that

Section 14 relates to the provision of essential goods or services to the corporate

debtor once a moratorium is issued. In the present case, the appellant was

availing of the business premises provided by the corporate debtor, to which (it

has been urged) the mandate of Section 14 has no application

Digitally signed by

Sanjay Kumar

Date: 2020.11.20

17:05:15 IST

Reason:

Signature Not Verified

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2

Issue notice, returnable in eight weeks.

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Dasti, in addition, is permitted.

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Pending further orders, there shall be an ad-interim stay of the operation of the

impugned judgment and order of the National Company Law Appellate Tribunal

dated 24 June 2020 in Company Appeal (AT)(Insolvency) No 237 of 2020.

(SANJAY KUMAR-I)

(SAROJ KUMARI GAUR)

AR-CUM-PS COURT MASTER