Hitesh Coal Traders v. New Bombay Paper Mills Pvt Ltd

549-CARAP-53-2025= copy.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMM. ARBITRATION APPLICATION NO. 53 OF 2025 WITH COMM. ARBITRATION PETITION NO. 31 OF 2025 Digitally signed by SHRADDHA KAMLESH TALEKAR Date:

2025.04.05 17:21:51 +0530 SHRADDHA KAMLESH TALEKAR Hitesh Coal Traders ...Applicant/Petitioner

Versus

New Bombay Paper Mills Pvt. Ltd.

...Respondent(s)

Mr. Piyush Raheja a/w. Feroze Patel and Sandeep Kumar i/b Rucha Jog, for Applicant/Petitioner.

Respondent was represented through VC but appearance has not been submitted.

CORAM : SOMASEKHAR SUNDARESAN, J.

Date : March 27, 2025 P. C.

1.

This is a Petition under Section 9 of the Arbitration and Conciliation Act, 1996.

2.

Learned Counsel for the Respondent submits that the Respondent has been admitted to a Corporate Insolvency Resolution Process by the Adjudicating Authority under the Insolvency and Bankruptcy Code, 2016 ("IBC") yesterday. If that were true, the Respondent would be a beneficiary of a moratorium under Section 14 of the IBC.

March 27, 2025 Shraddha

549-CARAP-53-2025= copy.docx 3.

Consequently, to ascertain the factual position and to enable the Applicant as well to make its own inquiries, stand over to April 7, 2025 on the Supplementary Board.

4.

All actions required to be taken pursuant to this order, shall be taken upon receipt of a downloaded copy as available on this Court's website. [ SOMASEKHAR SUNDARESAN, J.] March 27, 2025 Shraddha