2021 (8) TMI 1062 - AT - Customs

Application for early hearing - dispute underlying in the above appeal stands settled under Resolution Plan and nothing survives - HELD THAT - Taking note of the fact that the NCLT has approved the resolution plan in the insolvency proceedings in regard to the company, we are of the view that the appeal does not survive any more. Appeal disposed off.

Summary

Issues:
1. Early hearing application filed by the appellant due to financial difficulties and insolvency proceedings.
2. Approval of Resolution Plan by NCLT extinguishing all debts and claims against the company.
3. Disposal of the appeal in light of the approved Resolution Plan.

Analysis:

1. The appellant filed an early hearing application citing financial difficulties and insolvency proceedings initiated by a financial creditor under the Insolvency and Bankruptcy Code, 2016. The National Company Law Tribunal (NCLT) issued an order for Corporate Insolvency Resolution Process (CIRP) for the company. A Resolution Plan was floated by the Resolution Professional and approved by the Committee of Creditors and NCLT, effective from the NCLT Approval Date of 17.10.2019.

2. The Resolution Plan stated that all debts of the company would be settled upon compliance with payment schedules. It extinguished all proceedings against the company prior to 17.10.2019, including claims of governmental authorities for taxes and other liabilities. The Resolution Plan declared that any tax, duty, or legal liability before the approval date would be waived. The appellant's appeal, filed before the approval date, was considered extinguished by the Resolution Plan as per its clauses.

3. The NCLT approved the Resolution Plan, ensuring its compliance with the Insolvency and Bankruptcy Code and related regulations. The Plan was deemed binding on the Corporate Debtor, employees, creditors, and other stakeholders. Considering the approval of the Resolution Plan by NCLT in the insolvency proceedings, the Tribunal held that the appeal did not survive anymore and disposed of it accordingly, acknowledging the resolution of the underlying dispute through the Resolution Plan.