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Judgment
Arindam Sinha, J
Mr. Das, learned senior advocate appears on behalf of review applicant. He submits, his client is the corporate debtor represented by Resolution Professional (RP). He seeks review of order dated 25th August, 2022, by which the writ petition was disposed of.
He submits, the arbitration reference was stopped on urging moratorium but in it his client has a counter claim. He relies on order of the Supreme Court in Alchemist Asset Reconstruction Company Limited v. Hotel Gaudavan Private Limited reported in (2018) 16 SCC 94 to submit, the moratorium operates on institution or continuation of pending suits or proceedings against the corporate debtor. It does not prevent his client, through the RP, to sue.
Mr. Sharma, learned advocate, Additional Government Advocate appears on behalf of opposite party nos. 3 and 4 in the writ petition.
Issue notice along with this order on writ petitioner by registered/speed post with AD. Applicant will put in requisites.
List on 22nd June, 2023.
The application for condonation of delay and interim order will be considered on adjourned date. In issuing the notice accept one set of process fee.
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