Code of Civil Procedure, 1908 – Ord. XXXVII – Summary suits – Suit u/Ord. XXXVII by respondents against the appellants for recovery of money – Respondent filed memo requesting the trial court to decree the suit in terms of Ord. XXXVII r. 3(6)(b) – Trial court rejected the memo – However, the High Court set aside the order directing the trial court to accept the memo submitted by the respondents and pass appropriate orders – Correctness:
Held: High Court did not accept the submission of the appellants that in view of s. 14 of the Insolvency and Bankruptcy Code, 2016, the moratorium became operational, thus, the suit cannot proceed, and directed the trial court to accept the memo and pass appropriate orders – This Court stayed the impugned order, however, much prior to the interim order of this Court, the suit itself was decided finally by passing a decree – It is not brought to the notice that the said decree has been challenged any further by the appellants – Thus, for the present, the suit is not pending, thus, the appeal which arose out of an interim order passed by the trial court during pendency of the suit, is rendered infructuous. [Para 5]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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