Samunnati Agro Solutions Pvt Ltd v. Nandlal Jawhar

A.No.3591 of 2024 in Arb.OP(Com.Div.)No.533 of 2022 KRISHNAN RAMASAMY, J.

1. This application has been filed to restore the Arb.OP(Com.Div.)No.533 of 2022, which was closed by the order of this Court dated 12.01.2023.

2. Heard both sides.

3. The learned counsel for the applicant submits that by the order dated 12.01.2023, the above said Arbitration Original Petition was closed with a liberty on the ground of pendency of moratorium and that by the order dated 11.05.2023, the Insolvency Petition filed under Section 94 by the Respondents was permitted to be withdrawn and that as on date, there is no petition pending.

4. The learned counsel for the Respondents submits that they themselves withdrawn the insolvency petition and as on date, there is no petition pending and he has no objection for passing orders to allow this application.

5. This Court granted liberty to the applicant to proceed once the moratorium gets over. Since in the present case, the main Insolvency Petition filed against the Respondents was withdrawn by the parties concerned, this Court is inclined to allow this application, as prayed for.

6. Considering the submissions of the learned counsel on either side, this application is allowed, as prayed for.

https://www.mhc.tn.gov.in/judis 22.07.2024 Srcm