# In the matter of Vysali Pharmaceuticals Limited & Ors. vs. T. Beena & Ors.

> HC judgment dated 2025-06-10. Citation: TCN-2025-HC-00065. The petitioners, including Vysali Pharmaceuticals Limited (represented by its liquidator) and…

- **Court:** HC
- **Order date:** 10 Jun 2025
- **Citation:** TCN-2025-HC-00065
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/bombay-high-court-panaji/vysali-pharmaceuticals-limited-ors-vs-t-beena-ors-f9436ed6

## Summary

### Background

The petitioners, including Vysali Pharmaceuticals Limited (represented by its liquidator) and another liquidator, filed an original petition challenging an ad interim injunction granted by the Sub Court, Ernakulam, in I.A.No.3/2025 in O.S.NO.41/2025. The injunction was against the petitioners and other respondents on a suit filed by the 1st respondent.

## Facts

The 1st respondent filed a suit before the Sub Court, Ernakulam, seeking a permanent injunction.

The Sub Court, Ernakulam, granted an ad interim injunction against the petitioners in I.A.No.3/2025 in O.S.NO.41/2025.

Insolvency proceedings were initiated against the company before the NCLT, and a liquidation order was passed in CP(IB)/29/KOB/2022.

The 1st respondent filed a suit against the company and the liquidator, suppressing the ongoing NCLT proceedings.

The petitioners argued that the Civil Court lacked jurisdiction due to Section 63 and Section 60(5)(c) of the IBC, 2016, and Section 231 of IBC.

The respondents argued that the petitioners had remedies under Order 39 Rule 4 and Order 43 CPC.

…

## Issues and analysis

### Issue 1: Whether the Civil Court is having jurisdiction to entertain the suit, when the matter is pending …

**Ratio:** The Civil Court is barred from entertaining any suit when the matter is pending before

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**Reasoning:** The NCLT has jurisdiction to dispose of any application or claim, and the Civil Court is

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**Interpretation:** The IBC provisions clearly demarcate the jurisdiction, granting the NCLT

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**Application:** The High Court applied this principle to set aside the injunction granted by

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## Parties

- **Judges:** K. Nata…
- **Appellants:** Kizhakkekara…
- **Respondents:** Vysali Pharmaceuti…; T. Be…; +2 more
- **Other parties:** Kalabu…
- **Advocates:** SMT.D.R…; SRI.P.V.…; +10 more

## Timeline

- **2025-06-10 — Judgment…**: The judgment was…
- **N/A — I.A.No.3…**: Ad interim injunction granted…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 63 — Civil court not to have jurisdiction](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-63)

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