# In the matter of Mohota Industries Ltd. vs. Smt. Vibha w/o Mayank Agrawal

> HC judgment dated 2025-06-19. Citation: TCN-2025-HC-00063. The respondent (original plaintiff) instituted a suit against the applicant (M/s Mohota Industries…

- **Court:** HC
- **Order date:** 19 Jun 2025
- **Citation:** TCN-2025-HC-00063
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/bombay-high-court-nagpur/mohota-industries-ltd-vs-smt-vibha-wo-mayank-agrawal-94482fca

## Summary

### Background

The respondent (original plaintiff) instituted a suit against the applicant (M/s Mohota Industries Ltd.) seeking declaration, recovery of possession, eviction, and injunction along with arrears of rent with regards to the property. The applicant filed an application seeking rejection of the plaint under Order VII Rule 11 read with Section 151 of the Code of Civil Procedures, 1908, informing the Civil Judge that the National Company Law Tribunal had initiated Corporate Insolvency Resolution Process (CIRP) against the applicant Company and had placed the Company under a moratorium under Section 14 of the Code.

## Facts

M/s Mohota Industries Ltd. is the applicant, a company registered under the Companies Act, 1956.

Smt. Vibha w/o Mayank Agrawal is the respondent, who filed a suit against the applicant.

The National Company Law Tribunal (NCLT) initiated Corporate Insolvency Resolution Process (CIRP) against the applicant Company through its order dated 30.08.2021.

A moratorium was placed on the applicant Company under Section 14 of the Insolvency and Bankruptcy Code, 2016.

The respondent filed a suit on 21.01.2022 seeking declaration, recovery of possession, eviction, and injunction along with arrears of rent.

The Civil Judge rejected the applicant's application for rejection of the plaint on 20.09.2022.

…

## Issues and analysis

### Issue 1: Whether the suit filed by the respondent is maintainable in light of the moratorium imposed under …

**Ratio:** The institution of suits or continuation of pending suits or proceedings against the

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**Reasoning:** Section 14 of the IBC provides for a blanket moratorium on inter alia institution of any

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**Interpretation:** The moratorium under Section 14 of the IBC bars the institution of any suit

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**Application:** The suit filed by the respondent during the moratorium period is not

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## Parties

- **Judges:** M. S. Jaw…
- **Respondents:** M/s Mohota…; Vibha w/o Mayank…
- **Advocates:** Jatin K…; P.P. Ko…

## Timeline

- **30.08.2021 — NCLT Ord…**: NCLT initiated CIRP against…
- **21.01.2022 — Suit Fil…**: Smt. Vibha w/o Mayank Agrawal filed a…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9 — Application for initiation of corporate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

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