Bombay High CourtAPEAL/5/2024dismissed

M/S. Dulisons Cereals Through Its Proprietor Smt. Kanta Gupta v. State Of Maharashtra And ANR.

2024-09-02Hon'Ble Shri Justice A.S. Gadkari , Hon'Ble Shri Justice Shyam C. Chandak2 pages

1/2 26 APEAL-5-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.5 OF 2024 M/s. Dulisons Cereals through its Proprietor Smt. Kanta Gupta ..

Appellant

Versus

The State of Maharashtra and anr ..

Respondents WITH CRIMINAL APPEAL NO.6 OF 2024 Kanta Gupta ..

Appellant

Versus

The State of Maharashtra and anr ..

Respondents WITH CRIMINAL APPEAL NO.22 OF 2024 WITH CRIMINAL APPEAL NO.23 OF 2024 WITH CRIMINAL APPEAL NO.24 OF 2024 WITH CRIMINAL APPEAL NO.25 OF 2024 Surendra Gupta ..

Appellant

Versus

The State of Maharashtra and anr ..

Respondents WITH CRIMINAL APPEAL NO.26 OF 2024 Surendra Gupta And Anr ..

Appellants

Versus

The State of Maharashtra and anr ..

Respondents WITH CRIMINAL APPEAL NO.27 OF 2024 Kanta Gupta and Anr ..

Appellants

Versus

The State of Maharashtra and anr ..

Respondents ...

Ashish

2/2 26 APEAL-5-2024.doc Mr.Vinay Bhanushali, Abhiraj Rao, Sneha Agarwal, Diksha Sharma Sanmit Vaze for the Appellant in Appeal No.5/2024. Mr. Abhiraj Rao, Sneha Agarwal, Diksha Sharma for Appellant in Appeal No.6/2024, Appeal No.22/2024, Appeal No.23/2024, Appeal No.24/2024, Appeal No.25/2024, Appeal No.26/2024, Appeal No.27/2024. Mr. Arvind Lakhawat a/w Nimeet Sharma a/w Jalpa Shah i/b MZM Legal LLP for respondent no.2 in all Appeals.

Ms.Rebecca Gonsavlez, Spl PP a/w Mr. S.V. Gavand, APP for the State. CORAM: BHARATI DANGRE & MANJUSHA DESHPANDE, JJ.

DATED : 2nd SEPTEMBER, 2024 P.C:- Ms. Gonsalvez, seek some time to file affidavit in reply on behalf of competent authorities. We are also informed that the issue of priority of the interest of Secured Creditors over the assets attached under the provisions of PMLA and MPID by virtue of provisions of SARFAESI Act, issue as regards whether the properties of Judgment Debtors and Garnishees attached under the provisions of MPID Act, would be made available for execution of the decrees in way of the provision of moratorium under Section 14 of the IBC, 2016, being pending before the Apex Court. We deem it appropriate to adjourn the proceedings after four weeks.

In the mean time, the pleadings shall be completed in all the connected Appeals, which are listed before us. Re-notify to 8/10/2024. Interim order to continue.

(MANJUSHA DESHPANDE,J) (BHARATI DANGRE, J.) Ashish