# In the matter of Amira Pure Foods Private Limited Vs. Canara Bank & Ors. W. P. (C) No. 5467-2019

> HC judgment dated 2019-05-20. Citation: TCN-2019-HC-00014. Amira Pure Foods Private Limited, the petitioner and corporate debtor, approached the Delhi High…

- **Court:** HC
- **Order date:** 20 May 2019
- **Citation:** TCN-2019-HC-00014
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-chandigarh-bench/amira-pure-foods-private-limited-vs-canara-bank-ors-w-p-f9d9e79a

## Summary

### Background

Amira Pure Foods Private Limited, the petitioner and corporate debtor, approached the Delhi High Court through its Interim Resolution Professional/Resolution Professional (IRP/RP) appointed by the National Company Law Tribunal (NCLT) under the Insolvency & Bankruptcy Code, 2016. This was to set aside an order dated 22.04.2019 passed by the Debt Recovery Appellate Tribunal (DRAT) in Miscellaneous Appeal No.548/2018. The DRAT had appointed court commissioners to take over the assets of the petitioner. The IRP/RP sought to take control of the corporate debtor's assets, including perishable goods, but the DRAT did not grant an early hearing on the matter. The petitioner had previously filed W.P.(C) No.3619/2019, which was disposed of on 01.04.2009.

## Facts

Amira Pure Foods Private Limited faced proceedings initiated by Canara Bank before the Debt Recovery Tribunal (DRT) under the Recovery of Debts Due to Banks & Financial Institutions Act, 1993. The DRT's proceedings led to the matter reaching the Debt Recovery Appellate Tribunal (DRAT). On 15.11.2018, the DRAT appointed court commissioners to take over the assets of Amira Pure Foods, including perishable goods like grains. Meanwhile, proceedings were also underway before the NCLT, where an IRP/RP was appointed for Amira Pure Foods on 11.12.2018. The IRP/RP sought to take control of the assets but was hindered by the DRAT's order and the appointed court commissioners. The DRAT did not consider the application for early hearing moved by the IRP/RP. The DRAT passed an

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## Issues and analysis

### Issue 1: Whether the order passed by the Debt Recovery Appellate Tribunal (DRAT) is legally correct in light …

**Ratio:** Section 14 of the Insolvency & Bankruptcy Code, 2016 imposes a moratorium on the

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**Reasoning:** The court reasoned that the DRAT's order, while ostensibly based on the moratorium under

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**Interpretation:** The interpretation of Section 14 is that it aims to protect the corporate

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**Application:** In this case, the court applied the interpretation of Section 14 to the

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## Parties

- **Judges:** VIPIN S…; Rekha P…
- **Respondents:** Amira Pure Foods…; Canara…
- **Advocates:** Mr.Ashish M…; Mr.Vijay…; +2 more

## Timeline

- **2018-11-15 — DRAT Ord…**: DRAT appointed respondent nos. 2 & 3 as Joint Court Commissioners to take over the assets…
- **2018-12-11 — IRP/RP Appo…**: The IRP/RP was appointed for the petitioner…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 14 — Moratorium](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-14)

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