Supreme Court of India · 2022-03-28
Narinder Garg vs Kotak Mahindra Bank Ltd
- Court
- Supreme Court of India
- Petitioner
- Narinder Garg
- Respondent
- Kotak Mahindra Bank Ltd
- Author
- Uday Umesh Lalit
- Bench
- Pamidighantam Sri Narasimha, S. Ravindra Bhat, Uday Umesh Lalit
Judgment text excerpt
The Supreme Court addressed the validity of criminal complaints filed against a corporate debtor and its directors under Section 138 of the Negotiable Instruments Act, 1881, in light of a moratorium order issued by the National Company Law Tribunal. The court held that such complaints cannot proceed during the moratorium period, as it would undermine the resolution process approved by the Committee of Creditors. Consequently, the court quashed the criminal complaints, affirming the protection afforded to corporate debtors under insolvency proceedings.