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Bombay High CourtWP/10218/2025dismissed

Century Appliances Limited Thr Its Resolution Professional Abhijit Guhathakurta v. The Deputy Tehsildar Ahilyanagar And Others

2025-08-21Hon'Ble Shri Justice S. G. Chapalgaonkar2 pages

10218.25WP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 915 WRIT PETITION NO.10218 OF 2025 CENTURY APPLIANCES LIMITED THR ITS RESOLUTION PROFESSIONAL ABHIJIT GUHATHAKURTA

VERSUS

THE DEPUTY TEHSILDAR AHILYANAGAR AND OTHERS ...

Advocate for the Petitioner : Mr.N.S.Jaju AGP for Respondent-State : Mr.D.R.Korde ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 21.08.2025 P.C. :

1] The learned counsel for the petitioner relies upon para no. 1 of the order dated 11.01.2024 passed below Exh.U-1 by the Member, Industrial Court, Ahmednagar in Misc. Recovery [ULP] No.1/2023, which is at Page-48 of the petition, as noted below :

1.

Learned Advocate for the respondent no.2 Century Appliances submitted that the respondent no.2 has been admitted into CIRP by NCLT under provisions of IBC vide order dated 25-9-2018 and therefore this execution proceeding is liable to be stayed against the respondent no.2 in terms of 14 of IBC. The respondent filed on record order passed by NCLT Mumbai bench moratorium has been declared in respect of respondent no.2 company.

2.

Learned Advocate Shri Garje for the

10218.25WP complainants / applicants filed purshis at Exh. U-6 that the complainants do not want to proceed against the respondent no.2. Therefore this proceeding is closed against the respondent no.2 for want of prosecution.

The learned counsel for the petitioner submits that the respondents - complainants have given up claim against the present petitioner, as such, ad-interim relief should be granted in favour of the petitioner. 2] The petitioner challenges the impugned order dated 28.04.2025 passed by the Industrial Court at Ahmednagar and the petitioner has not taken up the matter till date. As such, the prayer for interim relief will be taken up for consideration on the returnable date.

3] Issue notice to the respondents. The learned AGP waives notice for respondent nos. 1 and 2. 4] In addition to regular mode of service, the petitioner is permitted to serve the respondents by all permissible modes.

5] List this matter on 10.09.2025 after fresh admission matters.

[ARUN R. PEDNEKER] JUDGE DDC