M/S INTERNATIONAL PRINT O PAC LTD. vs REKHA GOYAL

Judgment text excerpt

$~86 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 03rd September, 2025 + CM(M) 1711/2025 & CM APPL. 55672-55673/2025 M/S INTERNATIONAL PRINT O PAC LTD. .....Petitioner Through: Mr. Ishaan Karki, Mr. Shihv Mehrotra and Mr. Aman Naqvi, Advocates versus REKHA GOYAL .....Respondent Through: Mr. Vikas Garg, Advocate (Through VC) CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner is defending a suit which is commercial in nature. 2. According to petitioner, they were under Corporate Insolvency Resolution Proceedings (CIRP) between 11.06.2024 and 07.11.2024 and, therefore, they could not file written statement. 3. Fact, however, remains that despite grant of several opportunities in this regard by the learned Trial Court, defendant did not bother to place on record any document to substantiate its plea of it being under moratorium as per Insolvency and Bankruptcy Code, 2016 which, eventually, also resulted in dismissal of their application moved under Order VIII Rule 1 CPC. 4. Along with the present petition, defendant has, however, placed on record copies of the relevant proceedings conducted by National Company Law Tribunal, New Delhi Bench, Court-III on 11.06.2024 and also order dated 07.11.2024 passed by National Company Law Appellate Tribunal, Signature Not Verified Digitally Signed CM(M) 1711/2025 1 By:DINESH CHANDRA Signing Date:08.09.2025 13:08:05 Principal Bench, New Delhi. 5. Ideally, these proceedings should have been placed before the learned Trial Court for its perusal and for reaching just and proper decision. Learned counsel for the petitioner acknowledges omission on his part. 6. Pursuant to the request made to learned counsel for the petitioner, he contacted his counterpart and when the matter was taken up at 1.00 PM, l