# In the matter of Harendra Singh Khokar Vs Indraprastha Buildtech Pvt Ltd

> SC judgment dated 2022-09-26. Citation: TCN-2022-SC-00016. Civil Appeal No. 6777/2022 was called for hearing on 2022-09-26. The appeal concerns an ex-parte…

- **Court:** SC
- **Order date:** 26 Sept 2022
- **Citation:** TCN-2022-SC-00016
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/harendra-singh-khokar-vs-indraprastha-buildtech-pvt-ltd-d67c8926

## Summary

### Background

Civil Appeal No. 6777/2022 was called for hearing on 2022-09-26. The appeal concerns an ex-parte stay and permission to file additional documents/facts/annexures.

## Facts

Harendra Singh Khokhar filed a Civil Appeal No. 6777/2022 against Indraprastha Buildtech Pvt. Ltd & Anr. The appeal was called for hearing on 2022-09-26. The appeal concerns an ex-parte stay and permission to file additional documents/facts/annexures. The court heard the learned counsel for the parties on a preliminary basis. The court issued a notice to respondent No. 1, which was accepted by Mr. Ram Lal Roy. The court also ordered that notice be issued to the proforma respondent No. 2, returnable in three weeks. Dasti service, in addition to ordinary process, was permitted. The CIRP proceedings were stayed until further orders.

## Issues and analysis

### Issue 1: Whether the CIRP proceedings should be stayed pending further hearing and issuance of notices to …

**Ratio:** The court has the power to grant a stay on proceedings to maintain the status quo and

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**Reasoning:** The court decided to stay the CIRP proceedings to ensure that the rights of all parties

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**Interpretation:** The stay order indicates the court's intention to carefully consider the merits

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**Application:** The court applied the principle of maintaining the status quo by staying the

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## Parties

- **Judges:** DINESH MAHE…; BELA M. T…
- **Appellants:** Harendra Singh…
- **Respondents:** INDRAPRASTHA…
- **Advocates:** Alok K. A…; Anush…; +7 more

## Timeline

- **2022-09-26 — Hearing…**: The Civil Appeal No. 6777/2022…

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