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Moratorium Application for Zettai Pte. Ltd.

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0% found this document useful (0 votes)
241 views2 pages

Moratorium Application for Zettai Pte. Ltd.

WazirX Cyber Attack Case in Singapore Court

Uploaded by

nilesh.c
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
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IN THE GENERAL DIVISION OF THE HIGH COURT OF THE REPUBLIC OF SINGAPORE

Case No.: HC/OA 861/2024 In the matter of Section 64 of the Insolvency, Restructuring and
Dissolution Act 2018
Filed: 27­August­2024 06:40 PM
And
Hearing Date/Time: For
determination by Judge / In the matter of ZETTAI PTE. LTD. (Singapore UEN No.
Registrar. Solicitor(s)/ parties 201900774K)
need not attend unless
specifically directed to do so.
ZETTAI PTE. LTD.
(Singapore UEN No. 201900774K)
...Applicant(s)

ORIGINATING APPLICATION (WITHOUT NOTICE)

1. The Applicant is applying to the Court for the following orders:

1. For a period of six (6) months from the date of this application or until further order:
a. No resolution shall be passed for a winding up of the Applicant;
b. No proceeding, whether before a court, arbitral tribunal or administrative agency, and
whether current, pending or threatened against Zettai, shall be commenced or continued
against Zettai, except with the leave of the Court and subject to such terms as the Court
imposes. This order shall not apply to any proceeding commenced by Zettai, or to any
counterclaim(s) made against Zettai in any proceeding commenced by Zettai prior to 23
August 2024; and
c. No execution, distress or other legal process may be commenced, continued or levied
against any property of the Applicant, except with the leave of the Court and subject to
such terms as the Court imposes.

(the “Moratorium Order”)

2. The Moratorium Order shall apply to any person in Singapore or within the jurisdiction of this Court,
whether the act takes place in Singapore or elsewhere.
3. The Applicant or any party subject to the Moratorium Order shall be at liberty to apply for such
further or other directions as may be necessary.
4. Such further and other relief, orders or directions as this Honourable Court deems fit.

2. The evidence supporting this originating application is stated in the accompanying 1st Affidavit of Nischal
Shetty .
3. The Applicant or any party subject to the Moratorium Order shall be at liberty to apply for such
further or other directions as may be necessary.
4. Such further and other relief, orders or directions as this Honourable Court deems fit.

2. The evidence supporting this originating application is stated in the accompanying 1st Affidavit of Nischal
Shetty .

Issued by :

Solicitor(s) for the Applicant(s)

RAJAH & TANN SINGAPORE LLP


Singapore 018937
Tel No.: 6535 3600
Email: info@[Link]
File Ref No.: SNP/BRT/WYK/366751/1
Solicitors in Charge: 1. NG HUI PING SHEILA
2. BENEDICT TEDJOPRANOTO
3. CHAI YU KAI WESLEY

HC/OA861/2024:HC/OA861/2024:HC/OA861/2024:HC/OA861/2024:HC/OA861/2024:HC/OA861/2024

TAN BOON HENG


REGISTRAR
SUPREME COURT
SINGAPORE

Common questions

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Section 64 of the Insolvency, Restructuring and Dissolution Act 2018 is pertinent to the application because it likely provides the legal foundation and jurisdiction for ZETTAI PTE. LTD. to seek a Moratorium Order from the court. This section deals with the processes and procedures a company must follow to obtain reliefs that protect it from certain legal actions which could otherwise lead to its dissolution, thereby enabling restructuring efforts to proceed unimpeded .

The issuance of the Moratorium Order could significantly affect third-party creditors by freezing their ability to initiate or continue claims against ZETTAI PTE. LTD. This means they cannot pursue debt recovery through legal proceedings or apply financial pressure by seizing assets for a designated period, potentially impacting their cash flow and financial strategies. Creditors will need to wait for either the expiration of the Moratorium Order or seek court approval to proceed with claims, possibly affecting their risk exposure and financial planning .

The Moratorium Order applied for by ZETTAI PTE. LTD. aims to temporarily prevent any resolutions for the company's winding-up, halt any proceedings against the company without the court's leave, and stop any execution or legal processes against the company's property. This order is sought to provide the company with relief from actions that could jeopardize its stability during the restructuring or resolution phase .

The solicitors, specifically Rajah & Tann Singapore LLP, represent ZETTAI PTE. LTD. in formulating and submitting the application for the Moratorium Order. Their role involves ensuring procedural compliance and effectively arguing for the necessity and appropriateness of the order. Their expertise and influence can significantly affect the outcome by presenting a compelling case that aligns with legal standards and the High Court’s expectations, thus increasing the likelihood of a favorable decision .

The Moratorium Order is effective within Singapore or within the jurisdiction of the Singapore High Court, meaning it can apply to actions against ZETTAI PTE. LTD. occurring inside or outside of Singapore. This broad jurisdictional scope ensures comprehensive protection against actions that could impact the company's operations globally, stabilizing its operational environment and facilitating restructuring efforts without the immediate concern of foreign claims or legal actions .

If more companies in Singapore seek Moratorium Orders as demonstrated by ZETTAI PTE. LTD., it could lead to a tightening of creditors' risk assessments and more cautious lending practices, as creditors may face delays in reclaiming debts. This trend might signal an increase in financial distress or strategic restructuring among businesses, potentially prompting regulatory reviews to balance corporate recovery opportunities and creditors' security. Such a shift could encourage more robust financial management practices but may also lead to increased legal scrutiny and administrative burdens on the courts .

The procedural steps involve the filing of an originating application without notice, as ZETTAI PTE. LTD. has done. The application includes specific orders requested from the court, supported by an affidavit providing necessary evidence and rationale. The case does not require parties to attend unless specifically directed, emphasizing a streamlined procedural approach to obtaining interim relief through the court’s intervention .

Under the Moratorium Order, ZETTAI PTE. LTD. is protected from any resolutions that could lead to its winding up, as well as any new or ongoing proceedings and legal processes against it unless court approval is obtained. This order restricts other parties from initiating or continuing claims against the company, thus limiting any immediate threats of liquidation or asset seizure while allowing the company or others affected by the order to apply for additional directions if needed .

Parties impacted by the Moratorium Order have the option to apply for further directions or relief from the court as deemed necessary. This implies that while the order restricts certain actions against ZETTAI PTE. LTD., it also provides a mechanism for review or modification of the order’s terms in response to changing circumstances or specific needs of affected parties, thus ensuring judicial oversight and flexibility .

The 1st Affidavit of Nischal Shetty provides evidentiary support for the originating application for the Moratorium Order by likely attesting to the factual circumstances and rationale justifying the need for such protection. This would typically include evidence regarding the financial challenges or restructuring efforts of ZETTAI PTE. LTD., thereby reinforcing the legal basis and urgency for granting the order to shield the company from destabilizing actions during this period .

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