MR. SHAILESH AGARWAL vs M/S COSMO WORLD & ORS.

Judgment text excerpt

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 27th June, 2025 + W.P.(C) 8531/2025 & CM APPL. 36968/2025 MR. SHAILESH AGARWAL .....Petitioner Through: Mr. Paras Mithal, Mr. Prakhar Mithal, Mr. Arjun Katyal, Advs. versus M/S COSMO WORLD & ORS. .....Respondents Through: None. CORAM: HON'BLE MS. JUSTICE RENU BHATNAGAR RENU BHATNAGAR, J. (ORAL) 1. The present writ petition has been filed invoking the extraordinary jurisdiction of this Court under Article 226 read with 227 of the Constitution of India, seeking the following reliefs: “(a) Appropriate writ, order or direction in the nature of mandamus upon the interim resolution professional of respondent no. 2 to not take any steps in furtherance of order dated 12.06.2025 in CP(IB) No. 10 (MP) 2024 passed by the ld. national company law tribunal, Indore bench till the appeal is heard by ld. National Company Law Appellate Tribunal, New Delhi or/ in the alternative (b) The respondent no. 3 be directed to list the appeal before the Ld. NCALT any day before 28.06.2025 in order to prevent grave and irretrievable prejudice to the corporate debtor and to uphold the sanctity of the judicial process’ Signature Not Verified Signed By:PRIYADARSHANI JAIN W.P.(C) 8531/2025 Page 1 of 6 Signing Date:28.06.2025 17:21:46 (c) Pass such further orders or directions as this Hon’ble Court may deem just, fit and proper in the interest of justice and to prevent irreparable harm to the Petitioner and Respondent No. 2.” 2. Brief facts which give rise to the instant petition are that the respondent No. 1 and respondent No. 2, entered into an Exclusive Original Equipment Manufacturing Agreement dated 16.01.2021, for providing two and three-wheeler electric vehicles to the respondent No. 1. However, due to the default in payments, resp