Kotak Mahindra Bank Limited v. The State Of Maharashtra Thr Government Pleader And ORS

14 WP-9380-2024.doc BDP-SPSBHARAT DASHARATH PANDIT

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9380 OF 2024 by BHARAT DASHARATH PANDIT Date: 2024.07.09 17:53:16 +0530 Kotak Mahindra Bank Limited ..... Petitioner.

V/s The State of Maharashtra and Ors.

..... Respondents.

----- Mr. Shanay Shah a/w Mr. Virhant Rana and Ms. Chinmayee Ghag i/b Zaztriya, Advocates for the Petitioner.

Mr. Satchit Bhogle, 'B' Panel counsel for Respondent No.1-State. ----- CORAM: A.S. CHANDURKAR & RAJESH S. PATIL, JJ.

DATE: 8th July, 2024.

P.C.:- 1] Leave granted to amend the cause title insofar as description of the 1st respondent is concerned. Thereafter issue notice to respondents, returnable on 29/07/2024.

2] Prayer in the writ petition is for a declaration that Insolvency Petition No.2 of 2022 pending on the record of the Debts Recovery Tribunal No-1 is not maintainable in view of the bar contained in Section 60 of Insolvency and Bankruptcy Code, 2016 and the same is liable to be dismissed.

3] It is informed that similar issue arises in Writ Petition No.1494 of 1/2

14 WP-9380-2024.doc 2024 (Ambit Finvest Private Ltd vs. DEBT Recovery Tribunal-1 & Ors.). By the order dated 06/02/2024, interim relief in the nature of staying the proceedings before the Debts Recovery Tribunal has been granted. 4] In view of aforesaid, there shall be ad-interim relief in terms of prayer clause (c).

5] List the writ petition along with Writ Petition Nos.1494/2024, 9385/2024 and 9388/2024 on 29/07/2024.

[ RAJESH S. PATIL, J. ] [ A.S. CHANDURKAR, J.] 2/2