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Urgent Hearing Application

The applicant is requesting an urgent hearing for a consumer complaint case regarding a purported maturity payment that is currently scheduled for a later hearing date. The applicant notes that a National Company Law Tribunal recently declared the applicant a corporate debtor under insolvency proceedings. As a result, the tribunal prohibited continuing any legal proceedings or judgments against the corporate debtor. Therefore, the applicant argues that this consumer commission is now barred by statute from adjudicating the current case due to the insolvency proceedings and requests an early hearing to present the change in circumstances.

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1K views2 pages

Urgent Hearing Application

The applicant is requesting an urgent hearing for a consumer complaint case regarding a purported maturity payment that is currently scheduled for a later hearing date. The applicant notes that a National Company Law Tribunal recently declared the applicant a corporate debtor under insolvency proceedings. As a result, the tribunal prohibited continuing any legal proceedings or judgments against the corporate debtor. Therefore, the applicant argues that this consumer commission is now barred by statute from adjudicating the current case due to the insolvency proceedings and requests an early hearing to present the change in circumstances.

Uploaded by

legalparabanking
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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BEFORE THE HON’BLE DISTRICT CONSUMER DISPUTES REDRESSAL

COMMISSION, ( ) ………….

Consumer Complaint No. /CC/--/--20-----

…………………….. Complainant

VERSUS

Sahara Q Shop Unique Product Ranges Ltd.

………...... Opposite party

APPLICATION FOR URGENT HEARING OF THE TITLED COMPLAINT CASE

Most Respectfully Showeth:-

1- That the titled consumer complaint is pending before the Honb’le commission regarding
the purported maturity payment of Rs………../- , against the applicant/opposite party
no…… and same is now fixed for the hearing on______________

2- That the applicant/opposite party no…… is moving this application for urgent hearing
before the Honb’le commission due to recent changes in facts and circumstances of the
applicant company, which directly affects the proceedings as well as outcome of the
presents case as per the statutory bar provided in the Insolvency and Bankruptcy code,
2016 (hereinafter referred to as “IBC”) , hence , it is the duty of the applicant/opposite
party no…… to present those facts and circumstances before the Honb’le commission, at
the earliest.

3- That the Hon’ble NATIONAL COMPANY LAW TRIBUNAL MUMBAI BENCH-IV


passed an order dated 06.12.2023 against the applicant/opposite party no…… under
section 9 Insolvency and Bankruptcy code, 2016 (IBC), in the matter bearing no. CP (IB)
No.678/MB-IV/2022 , titled as Sigma Supply Chain Solution Pvt. Ltd. Vs. Sahara Q
Shop Unique Products Range Limited., wherein Hon’ble Tribunal laid down the
following:
“The Petition bearing CP (IB) No. 678/MB-IV/2022 filed under section 9
of the Insolvency & Bankruptcy Code, 2016 (IBC), by Sigma Supply Chain
Solution Pvt. Ltd. seeking initiation of Corporate Insolvency Resolution Process
(CIPR) in the matter of Sahara Q Shop Unique Products Range Ltd., the
Corporate Debtor is Admitted
I. That this bench as a result of this prohibits:
a. the institution of suits or continuation of pending suits or
proceeding against the corporate debtor including execution of
any judgment, decree or order in any court of law, tribunal,
arbitration panel or other authority;
b. Transferring, encumbering, alienating or disposing of by the
corporate debtor any of its assets or any legal right or
beneficial interest therein;”

4. That pursuant to the aforementioned order passed by Hon’ble National company law
tribunal , the applicant/opposite party no…… has been declared a corporate debtor
and provisions related to moratorium as per section 14 of IBC, 2016 shall be
applicable to the applicant Sahara Q Shop Unique Products Range Limited. Since
06.12.2023. therefore this Hon’ble Commission is barred from adjudicating the titled
matter due to statutory bar envisaged under the provisions of IBC,2016.

Prayer

In view of the above enumerated facts and circumstances the applicant/opposite


party no….. prays for early listing of the titled matter, for hearing in the interest of
justice and pass any other order which this Honb’le commission deem fit and proper.

Date:
Place:

Applicant Through Counsel

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