Sabyasachi Bhattacharyya, J.:— A report is filed in the form of an affidavit by the respondent no. 6, as per previous direction. Let the same be taken on record.
2. The respondent no. 6 is directed to serve copies thereof on the appearing parties here and now.
3. Learned counsel appearing for the respondent no. 7 hands up a photocopy of the certified copy of an order dated August 27, 2019 passed by the National Company Law Tribunal, Kolkata Bench, which indicates that the company is under a moratorium as envisaged under Section 14 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as “the Code of 2016”) in view of a Corporate Insolvency Resolution Process (CIRP) already undergoing with regard to the company.
4. Learned counsel for the respondent no. 7 is directed to hand over a copy of the order of the National Company Law Tribunal to learned counsel for the petitioners to enable him to take instruction in the matter.
5. Learned counsel for the respondent no. 7 further relies on Clause - (iv)(a) at page-11 of the said order and argues that the institution of suits or continuation of pending suits or proceedings against the corporate debtor, including execution of any judgement, decree or order in any court of law, tribunal, arbitration panel or other authority has been prohibited under Section 14 of the Code of 2016, by virtue of such clause.
6. As such, it appears prima facie that the police would be acting without jurisdiction, if they proceed on the basis of the complaints of the petitioners against the corporate debtor, since all proceedings in that regard fall within the moratorium, as contemplated in the clause referred to above.
7. However, learned counsel appearing for the petitioners seeks a day's accommodation for taking further instruction on the matter.
8. Accordingly, let the matter appear under the heading ‘for orders’ at 10.30 a.m. on January 24, 2020.