The case involves a petition (OP(CRL.) NO. 790 OF 2024) filed by Carnival Films Pvt. Ltd. against the State of Kerala and Malabar Commercial Plaza Pvt. Ltd., challenging an order passed by the Judicial Magistrate of the First-Class, Thiruvananthapuram. The petitioner is facing prosecution under Section 138 of the Negotiable Instruments Act, 1881, based on a complaint filed by the respondent. The petitioner argues that the proceedings should be stayed due to a moratorium declared under Section 14 of the Insolvency and Bankruptcy Code (IBC), 2016, following the initiation of Corporate Insolvency Resolution Process (CIRP) against the petitioner by the NCLT, Indore Bench. The petitioner sought a declaration that the proceedings against them cannot continue during the
…Carnival Films Pvt. Ltd. (the petitioner) is a company facing prosecution under Section 138 of the Negotiable Instruments Act, 1881, based on a complaint filed by Malabar Commercial Plaza Pvt. Ltd. (respondent No.2). An operational creditor, M/s.Amar Constructions, initiated Corporate Insolvency Resolution Process (CIRP) against Carnival Films, leading to a moratorium being declared by the NCLT, Indore Bench, under Section 14 of the Insolvency and Bankruptcy Code (IBC), 2016. The NCLT order was dated 2024-03-22. The petitioner filed an application before the trial court challenging the maintainability of the complaint in light of the moratorium, but the trial court dismissed the application on 2024-07-31. The petitioner then filed the present petition before the High
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Respondent No.2 filed a complaint numbered as…
M/s.Amar Constructions approached the National…
The case involves a petition (OP(CRL.) NO. 790 OF 2024) filed by Carnival Films Pvt. Ltd. against the State of Kerala and Malabar Commercial Plaza Pvt. Ltd., challenging an order passed by the Judicial Magistrate of the First-Class, Thiruvananthapuram. The petitioner is facing prosecution under Section 138 of the Negotiable Instruments Act, 1881, based on a complaint filed by the respondent. The petitioner argues that the proceedings should be stayed due to a moratorium declared under Section 14 of the Insolvency and Bankruptcy Code (IBC), 2016, following the initiation of Corporate Insolvency Resolution Process (CIRP) against the petitioner by the NCLT, Indore Bench. The petitioner sought a declaration that the proceedings against them cannot continue during the
…Carnival Films Pvt. Ltd. (the petitioner) is a company facing prosecution under Section 138 of the Negotiable Instruments Act, 1881, based on a complaint filed by Malabar Commercial Plaza Pvt. Ltd. (respondent No.2). An operational creditor, M/s.Amar Constructions, initiated Corporate Insolvency Resolution Process (CIRP) against Carnival Films, leading to a moratorium being declared by the NCLT, Indore Bench, under Section 14 of the Insolvency and Bankruptcy Code (IBC), 2016. The NCLT order was dated 2024-03-22. The petitioner filed an application before the trial court challenging the maintainability of the complaint in light of the moratorium, but the trial court dismissed the application on 2024-07-31. The petitioner then filed the present petition before the High
…Respondent No.2 filed a complaint numbered as…
M/s.Amar Constructions approached the National…