Bunge Agri Business Singapore Pte.Ltd. v. Swastik Refinery Pvt.Ltd.

OD-3

IN THE HIGH COURT AT CALCUTTA

ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE EC/167/2011 BUNGE AGRI BUSINESS SINGAPORE PTE.LTD.

VS SWASTIK REFINERY PVT.LTD.

BEFORE:

The Hon'ble JUSTICE RAVI KRISHAN KAPUR Date : 15th June, 2023 Appearance:- Mr. Abhrajit Mitra, Sr. Adv.

Mr. Sarvapriya Mukherjee, Adv.

Mr. Aviroop Mitra, Adv.

...for the applicant The Court:- It is submitted on behalf of the decree-holder that by an order dated 15th March, 2022 a proceeding being CP(IB) No. 119/KB/2021 has been initiated against the judgment-debtor before the National Company Law Tribunal, Kolkata Bench.

In view of the aforesaid and the moratorium period being enjoyed by the judgment-debtor, no purpose would be served in keeping this execution application pending.

EC/167/2011 stands disposed of as infructuous.

Liberty is granted to the decree-holder to lodge its claim within a period of 14 days from date, with the Resolution Professional under the Insolvency and Bankruptcy Code, 2016.

Liberty is also granted to the decree-holder to file an appropriate application for execution, if the circumstances so warrant. (RAVI KRISHAN KAPUR, J.) T.O.

A.R.(C.R.)