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2020 (7) TMI 358

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..... 2019 - Dated:- 25-11-2019 - HON BLE SHRI P. K.CHOUDHARY, MEMBER(JUDICIAL) AND HON BLE SHRI P.V.SUBBA RAO, MEMBER(TECHNICAL) Shri K.K. Banerjee, Advocate for the Appellant (s) Shri A.Roy, Authorized Representative for the respondent (s) ORDER P.K.CHOUDHARY : The above three appeals have been filed by the appellants thereby challenging the Order No.01/Commissioner/CE/DIB/09 dated 09.03.2009 passed by the Commissioner of Central Excise, Dibrugarh, whereby the Commissioner has confirmed the demands as raised against the appellants. 2. The appellant M/s.Kitply Industries Limited has also filed a Miscellaneous Application mentioning as under:- (a) It may be mentioned that the applicant/appellant company (Kitp .....

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..... nal (in short RP ) in the said matter. It was also ordered that i. The management of the affairs of M/s.Kitply Industries Limited shall vest upon RP. ii. The powers of the Board of Directors of Kitply Industries Limtied shall stand suspended and the exercised by RP. iii. The RP shall act and execute in the name and on behalf of M/s.Kitply Industries Limited, all deeds, receipts and other documents, if any. (c) That accordingly, on 7th December, 2018, the Hon ble Mr. Justice P.K.Shaikia, Judicial Member of the Hon ble National Company Law Tribunal, Guwahati, was, inter alia, pleased to pass the final order in connection with the said Corporate Insolvency Resolution Process, thereby approving the Final Resolution Plan was submitt .....

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..... 4,164.00 DIB/11/1814-18 dt.29.02.2012 39,034.00 Thus in terms of the said Plan, approved by the Hon ble NCLT Guwahati Bench, amount as stated above, as one time settlement payment of the ongoing litigations against Corporate Debtor, as stated above, has been paid. This fact has also been stated by our Company Secretary to the Assistant Commissioner, CGST C.Ex. Tinsukia, by a letter dated 01.03.2019. Thus from the above, it may be seen that all the dues of the applicant/appellant has been settled as one time settlement and paid in full. 3. In view of the above submissions, these three appeals listed before us today have become redundant. 4. Learned Authorized Re .....

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