Case Note & Summary
Civil Appeal arises from the Order passed by the High Court of Karnataka on 21st March 2022 in Writ Petition No. 10975 of 2020 (GM-CPC). The High Court allowed the writ petition, setting aside the Trial Court's Order dated 07th March 2020 in Com. OS No. 1026 of 2018, and directed the Trial Court to accept the respondents/plaintiffs' memo dated 14th November 2019 and pass appropriate orders. The appellants/defendants contended that a moratorium under Section 14 of the Insolvency and Bankruptcy Code, 2016 (IBC) was operational, thereby halting the suit proceedings. The Supreme Court had earlier stayed the High Court's impugned order on 01st December 2023, but the suit had already been decided finally on 20th April 2023. Consequently, this appeal was dismissed as infructuous.
Issue of Consideration: Anish M Rawther @ Anees Mohammed Rawther versus Hafeez ur Rahman and Others
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