Civil Procedure Code, 1908 (CPC) — Order 37 Rule 3(6)(b) — Suit for Recovery — Impact of Moratorium under IBC — The appellants argued that the moratorium under the Insolvency and Bankruptcy Code (IBC) should halt the proceedings — However, the High Court rejected this argument, stating that the moratorium only applies to cases where the company is undergoing insolvency proceedings — In this case, the suit was not against a company undergoing insolvency, and therefore, the moratorium did not apply.
SUPREME COURT OF INDIA DIVISION BENCH ANISH M RAWTHER @ ANEES MOHAMMED RAWTHER — Appellant Vs. HAFEEZ UR RAHMAN AND OTHERS — Respondent ( Before : Vikram Nath and Prashant…