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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.

Narinder Garg vs Kotak Mahindra Bank Ltd · Niyam