AI Structured Summary
Not yet generated for this judgment
Judgment
This Appeal has been filed against the order dated 07.04.2021 of the State Consumer Disputes Redressal Commission, Uttar Pradesh (for short "the State Commission") in Complaint No.133 of 2017. By the impugned order, the State Commission has directed the Opposite Parties to comply with the order dated 11.07.2017 and make the payment of 40 Lakhs and also 5 Lakhs as damages to the Complainant.
Learned Counsel appearing on behalf of the Appellant submits that a moratorium order has been passed against Jaypee Infratech Limited after passing of the interim order dated 11.07.2017. It is submitted that the order dated 11.07.2017 cannot be executed against the Opposite Parties since the Respondent No.2 Jaypee Infratech Limited is in moratorium and the order under execution does not show that the order is executable against the Appellant alone. It is submitted that the impugned order is illegal in view of Section 14 of IBC Act which prohibits pendency of all suits where a moratorium order has been passed against a party and therefore, the impugned order is liable to be set aside on this ground alone.
Learned Counsel appearing on behalf of the Respondent No.1 submits that they have already filed an Application for dropping the name of Jaypee Infratech Limited from the array of Opposite Parties which is still pending.
In view of this fact, the impugned order is set aside being passed without jurisdiction in view of Section 14 of the IBC Act and the matter is remanded back to the State Commission to pass appropriate order.
Parties are directed to appear before the State Commission on 15.12.2021 on which date the matter is already pending before the State Commission.
Copy of this order be sent to the State Commission.