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    Urgent Hearing Application

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    legalparabanking
    The applicant is requesting an urgent hearing for a consumer complaint case regarding a purported maturity payment that is currently scheduled for a later hearing date. The applicant notes that a National Company Law Tribunal recently declared the applicant a corporate debtor under insolvency proceedings. As a result, the tribunal prohibited continuing any legal proceedings or judgments against the corporate debtor. Therefore, the applicant argues that this consumer commission is now barred by statute from adjudicating the current case due to the insolvency proceedings and requests an early hearing to present the change in circumstances.

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    Urgent Hearing Application

    Uploaded by

    legalparabanking
    58 views2 pages
    The applicant is requesting an urgent hearing for a consumer complaint case regarding a purported maturity payment that is currently scheduled for a later hearing date. The applicant notes that a National Company Law Tribunal recently declared the applicant a corporate debtor under insolvency proceedings. As a result, the tribunal prohibited continuing any legal proceedings or judgments against the corporate debtor. Therefore, the applicant argues that this consumer commission is now barred by statute from adjudicating the current case due to the insolvency proceedings and requests an early hearing to present the change in circumstances.

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    Urgent hearing application

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    The applicant is requesting an urgent hearing for a consumer complaint case regarding a purported maturity payment that is currently scheduled for a later hearing date. The applicant notes that a National Company Law Tribunal recently declared the applicant a corporate debtor under insolvency proceedings. As a result, the tribunal prohibited continuing any legal proceedings or judgments against the corporate debtor. Therefore, the applicant argues that this consumer commission is now barred by statute from adjudicating the current case due to the insolvency proceedings and requests an early hearing to present the change in circumstances.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    58 views2 pages

    Urgent Hearing Application

    Uploaded by

    legalparabanking
    The applicant is requesting an urgent hearing for a consumer complaint case regarding a purported maturity payment that is currently scheduled for a later hearing date. The applicant notes that a National Company Law Tribunal recently declared the applicant a corporate debtor under insolvency proceedings. As a result, the tribunal prohibited continuing any legal proceedings or judgments against the corporate debtor. Therefore, the applicant argues that this consumer commission is now barred by statute from adjudicating the current case due to the insolvency proceedings and requests an early hearing to present the change in circumstances.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    BEFORE THE HON’BLE DISTRICT CONSUMER DISPUTES REDRESSAL

    COMMISSION, ( ) ………….

    Consumer Complaint No. /CC/--/--20-----

    …………………….. Complainant

    VERSUS

    Sahara Q Shop Unique Product Ranges Ltd.

    ………...... Opposite party

    APPLICATION FOR URGENT HEARING OF THE TITLED COMPLAINT CASE

    Most Respectfully Showeth:-

    1- That the titled consumer complaint is pending before the Honb’le commission regarding
    the purported maturity payment of Rs………../- , against the applicant/opposite party
    no…… and same is now fixed for the hearing on______________

    2- That the applicant/opposite party no…… is moving this application for urgent hearing
    before the Honb’le commission due to recent changes in facts and circumstances of the
    applicant company, which directly affects the proceedings as well as outcome of the
    presents case as per the statutory bar provided in the Insolvency and Bankruptcy code,
    2016 (hereinafter referred to as “IBC”) , hence , it is the duty of the applicant/opposite
    party no…… to present those facts and circumstances before the Honb’le commission, at
    the earliest.

    3- That the Hon’ble NATIONAL COMPANY LAW TRIBUNAL MUMBAI BENCH-IV


    passed an order dated 06.12.2023 against the applicant/opposite party no…… under
    section 9 Insolvency and Bankruptcy code, 2016 (IBC), in the matter bearing no. CP (IB)
    No.678/MB-IV/2022 , titled as Sigma Supply Chain Solution Pvt. Ltd. Vs. Sahara Q
    Shop Unique Products Range Limited., wherein Hon’ble Tribunal laid down the
    following:
    “The Petition bearing CP (IB) No. 678/MB-IV/2022 filed under section 9
    of the Insolvency & Bankruptcy Code, 2016 (IBC), by Sigma Supply Chain
    Solution Pvt. Ltd. seeking initiation of Corporate Insolvency Resolution Process
    (CIPR) in the matter of Sahara Q Shop Unique Products Range Ltd., the
    Corporate Debtor is Admitted
    I. That this bench as a result of this prohibits:
    a. the institution of suits or continuation of pending suits or
    proceeding against the corporate debtor including execution of
    any judgment, decree or order in any court of law, tribunal,
    arbitration panel or other authority;
    b. Transferring, encumbering, alienating or disposing of by the
    corporate debtor any of its assets or any legal right or
    beneficial interest therein;”

    4. That pursuant to the aforementioned order passed by Hon’ble National company law
    tribunal , the applicant/opposite party no…… has been declared a corporate debtor
    and provisions related to moratorium as per section 14 of IBC, 2016 shall be
    applicable to the applicant Sahara Q Shop Unique Products Range Limited. Since
    06.12.2023. therefore this Hon’ble Commission is barred from adjudicating the titled
    matter due to statutory bar envisaged under the provisions of IBC,2016.

    Prayer

    In view of the above enumerated facts and circumstances the applicant/opposite


    party no….. prays for early listing of the titled matter, for hearing in the interest of
    justice and pass any other order which this Honb’le commission deem fit and proper.

    Date:
    Place:

    Applicant Through Counsel

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