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High Court of DelhiCRL.M.C./5575/2024

Technology Development Board v. Sh. Santosh Diraj Pathak

2024-07-23Hon'Ble Mr. Justice Anup Jairam Bhambhani2 pages

$~64 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 5575/2024 and CRL.M.A. 21276/2024 TECHNOLOGY DEVELOPMENT BOARD .....Petitioner Through:

Mr. Lakshay Sawhney, Advocate.

versus SH. SANTOSH DIRAJ PATHAK .....Respondent Through:

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 23.07.2024 Mr. Lakshay Sawhney, learned counsel appearing for the petitioner informs the court that the learned Metropolitan Magistrate had stayed proceedings under section 138 of the Negotiable Instruments Act 1881, pending before her vide impugned order dated 04.06.2024 in view of the pendency of an application under section 94(1) of the Insolvency & Bankruptcy Code 2016 ('IBC'), read with Rule 6 (1) of the Insolvency and Bankruptcy (Application to Adjudicating Authority for IRP for Personal Guarantors to Corporate Debtor) Rules, 2019 before the National Company Law Tribunal, Ahmedabad Bench ('NCLT').

Mr. Sawhney however informs the court that the NCLT has now rejected the application filed by the respondent under section 94(1) of the IBC by reason of which the proceedings before the learned Magistrate in Ct. Case No. 40713/16 titled Technology Development Board vs. M/s Gujarat Oleo Chem Ltd & Ors., would now proceed. Counsel submits that therefore the present petition has been rendered infructuous and may be disposed-of as such.

CRL.M.C. 5575/2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 09:59:15

The petition is accordingly disposed-of as infructuous. Pending applications, if any, also stand disposed-of. ANUP JAIRAM BHAMBHANI, J JULY 23, 2024 ds CRL.M.C. 5575/2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 09:59:15