This case involves a revisional application against an order dated January 17, 2024, passed by the Learned Commercial Judge at Rajarhat, North 24 Parganas, in Title Suit No. 17 of 2023, which is an anti-arbitration suit. During the pendency of the suit, the petitioner/defendant No. 1 filed an application under Section 151 of the Code of Civil Procedure, 1908, seeking a stay of further proceedings, citing a moratorium in U.S. Bankruptcy proceedings. Alternatively, the petitioner sought adjournment of the suit for 180 days. The learned Judge rejected the application, holding that the U.S. Bankruptcy Court's moratorium order was not applicable in India because the U.S.A. had not been declared a reciprocating territory under Section 44A of the Code of Civil Procedure. The
…Uphealth Holdings, INC. is involved in a Title Suit No. 17 of 2023, which is an anti-arbitration suit. During the suit's pendency, Uphealth Holdings, INC. (petitioner/defendant No. 1) applied under Section 151 of the Code of Civil Procedure, 1908, to stay proceedings, citing a moratorium in U.S. Bankruptcy proceedings under Chapter 11 of the U.S. Bankruptcy Code. The petitioner sought an alternative adjournment of 180 days. The Bankruptcy Court of the District of Delaware U.S. issued an order dated October 24, 2023, which the petitioner claimed operated as a worldwide temporary stay under Section 362 of Chapter 11. The Learned Commercial Judge rejected the stay application, stating the U.S. moratorium was inapplicable in India as the U.S.A. wasn't a reciprocating
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This case involves a revisional application against an order dated January 17, 2024, passed by the Learned Commercial Judge at Rajarhat, North 24 Parganas, in Title Suit No. 17 of 2023, which is an anti-arbitration suit. During the pendency of the suit, the petitioner/defendant No. 1 filed an application under Section 151 of the Code of Civil Procedure, 1908, seeking a stay of further proceedings, citing a moratorium in U.S. Bankruptcy proceedings. Alternatively, the petitioner sought adjournment of the suit for 180 days. The learned Judge rejected the application, holding that the U.S. Bankruptcy Court's moratorium order was not applicable in India because the U.S.A. had not been declared a reciprocating territory under Section 44A of the Code of Civil Procedure. The
…Uphealth Holdings, INC. is involved in a Title Suit No. 17 of 2023, which is an anti-arbitration suit. During the suit's pendency, Uphealth Holdings, INC. (petitioner/defendant No. 1) applied under Section 151 of the Code of Civil Procedure, 1908, to stay proceedings, citing a moratorium in U.S. Bankruptcy proceedings under Chapter 11 of the U.S. Bankruptcy Code. The petitioner sought an alternative adjournment of 180 days. The Bankruptcy Court of the District of Delaware U.S. issued an order dated October 24, 2023, which the petitioner claimed operated as a worldwide temporary stay under Section 362 of Chapter 11. The Learned Commercial Judge rejected the stay application, stating the U.S. moratorium was inapplicable in India as the U.S.A. wasn't a reciprocating
…The Learned Commercial Judge at Rajarhat,…
One of the hearing…