Page No.# 1/5 GAHC010175812025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/309/2025 BRAHMAPUTRA CRACKER AND POLYMER LTD A PUBLIC SECTOR UNDERTAKING OF THE GOVERNMENT OF INDIA UNDER THE MINISTRY OF PETROLEUM AND NATURAL GAS, HAVING ITS REGISTERED OFFICE AT 7TH FLOOR, NRL CENTRE, 122A, G.S. ROAD, CHRISTIAN BASTI, GUWAHATI-781005, REPRESENTED BY ITS MANAGING DIRECTOR VERSUS M/S F J TRADING COMPANY AND ANR A PROPRIETORSHIP FIRM, REPRESENTED BY ITS SOLE PROPRIETOR - MS. FARHANA JINNET, W/O WARISH SHAH, R/O K.C. GOGOI PATH, GABHARUPATHER, SHAH NIWAS, P.S. AND DIST- DIBRUGARH 2:M/S JAIHIND PROJECTS LIMITED HEAD OFFICE AT ATLANTICS CORPORATE PARK NEAR PRAHALAD NAGAR AUDA GARDEN ANANDA NAGAR ROAD SATELLITE AHMEDABAD-380015 REPRESENTED BY ITS MANAGING DIRECTO Advocate for the Petitioner : MR. N DEKA, MR. S BANIKYA,MR. M GOGOI Advocate for the Respondent : , Page No.# 2/5 BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 07.08.2025 Heard Mr. N. Deka, learned counsel for the petitioner. 2. In this petition, under Article 227 of the Constitution of India, the petitioner has challenged the order dated 21.06.2025, passed by the learned Civil Judge (Senior Division), Dibrugarh, in Money Execution Case No. 3/2019. 3. It is to be noted here that vide impugned order dated 21.06.2025, the learned Civil Judge (Senior Division), Dibrugarh (‘Executing Court’, for short) had directed the Civil Nazir to execute the writ and submit the report, fixing the matter today i.e. 07.08.2025. 4. Mr. Deka, learned counsel for the petitioner, by referring to the judgment and decree dated 26.07.2018, submits that the present petitioner is not a party in Money Suit No. 31/2015, instituted by M/s F.J. Trading Company/respondent No. 1 herein, against Jai Hind Projects Limited/respondent No. 2 herein, and in the said suit, the learned Civil Judge, Dibrugarh had decreed the suit making the defendants i.e. Jai Hind Projects Limited and two others liable to pay a sum of Rs. 21,00,000/- with interest @ 10% per annum w.e.f. 23.05.2013 till realization, and also to realize the entire amount of scrap materials and any other properties belonging to the defendant company and kept in the BPCL, Dibrugarh and cost of the suit. Mr. Deka also submits that thereafter, one money execution case, being Money Execution Case No. 3/2019, was instituted and in the said execution proceeding, vide impugned order dated 21.06.2025, the learned Executing Court had directed the Civil Nazir to execute the writ and Page No.# 3/5 submit the report on next date i.e. 07.08.2025. Mr. Deka further submits that on 04.01.2025, in the said execution proceeding, the petitioner had filed one petition mentioning clearly that the petitioner is not a party to the dispute between the M/s F.J. Trading Company and M/s Jai Hind Projects Limited and hence, the petitioner had no knowledge of the Money Suit No. 3/2019. 4.1. Mr. Deka has also pointed out that M/s Jai Hind Projects Limited/respondent No. 2 herein was awarded six contracts for mechanical and piping works for some units of BCPL Petrochemical Complex in Lepetkata and the value of the contract work was Rs. 217.98 crores, and that thereafter, M/s Jai Hind Projects Limited/respondent No. 2 herein had invoked arbitration proceeding against BCPL for disputes arising out of the six contracts in the year 2015, and the claim of M/s Jai Hind Projects Limited was Rs. 428,13,89,713/-, wherein the present petitioner also lodged its counter-claim against M/s Jai Hind Projects Limited and counter-claim of the petitioner was Rs. 56,83,65,176/-, and that in the meantime, M/s Jai Hind Projects Limited went under Corporate Insolvency Resolution Process proceedings and the arbitrations halted on account of moratorium imposed under Section 14 of the Insolvency Code and NCLT Ahmedabad, vide order dated 19.03.2020, approved the Resolution Plan of one Parixit Irrigation Limited. Mr. Deka also submits that the petitioner had registered its claim against M/s Jai Hind Projects Ltd. amounting to Rs. 87,10,33,509/- with the Resolution Professional (RP) of M/s Jai Hind Projects Ltd. by calculating the counter claim and interest thereupon, up to 31.10.2018, and an additional claim of Rs. 19,93,546/- was also lodged towards workmen dues of the contract workers of M/s Jai Hind Projects Ltd., and the NCLT, Ahmedabad, vide order dated 22.01.2020, directed the Resolution Professional of M/s Jai Hind Projects Ltd. to lodge the claim of BCPL at its full value. Page No.# 4/5 4.2. Mr. Deka further submits that mentioning the aforementioned facts, the petitioner herein, had filed a petition, being petition No. 114/2025, dated 04.01.2025, before the learned Executing Court and the learned Executing Court had acknowledged receipt of the said application, vide order dated 08.04.2025, but the said petition is yet to be disposed of by the learned Executing Court and without disposing of the said petition, vide impugned order dated 21.06.2025, the learned Executing Court had directed the Civil Nazir to execute writ and submit the report, and in view of the abovementioned facts and circumstances, the impugned order, dated 21.06.2025, is arbitrary and illegal, and as such, the same may be set aside. Mr. Deka further submits that in view of the moratorium so imposed under Section 14 of the Insolvency Code, the Civil Court has no jurisdiction to proceed against the judgment debtor, and therefore, it is contended to set aside the impugned order and to direct the learned Executing Court to hear the parties and dispose of the petition No. 114/2025, before proceeding further. 5. Having heard the submission of Mr. Deka, learned counsel for the petitioner, I have carefully gone through the petition and the documents placed on record, and also perused the impugned order dated 21.06.2025, and the judgment and decree dated 26.07.2018, passed in Money Suit No. 31/2015. 6. Indisputably, the present petitioner is not a party in the above proceeding. It also appears that taking such a stand and also mentioning about the moratorium imposed under Section 14 of the Insolvency Code by the NCLT Ahmedabad, in Insolvency Resolution Process proceedings, a petition No. 114/2025, has been filed before the learned Executing Court, but the same has not yet been attended to, by the learned Executing Court, instead it has directed the Civil Nazir to execute the writ and submit the report on 07.08.2025. Page No.# 5/5 7. Under such circumstances, the impugned order dated 21.06.2025, appears to be illegal and arbitrary and accordingly, the same is interfered with. 8. The learned Executing is directed to hear the parties on the petition No. 114/2025, dated 04.01.2025, and thereafter, to pass a reasoned order and to proceed with the matter further. 9. In terms of above, this revision petition stands disposed of. JUDGE Comparing Assistant