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TMI Blog2019 (8) TMI 1759X X X X Extracts X X X X X X X X Extracts X X X X ..... ng 667 containers still lying with the Customs. The Custom Authorities shall remit/pay the amount of ₹ 10,60,10,000/- as the sale proceeds in their possession within two weeks of the date of receipt of this order, to the Resolution Professional/ Corporate Debtor's account either by way of Demand draft or through e-payment facility in the Bank directly, to be provided by the Resolution Professional to the Respondent, immediately - Application disposed off. - C.A. (IB) No. 891/KB/2019 in CP (IB) No. 513/KB/2018 - - - Dated:- 30-8-2019 - Jinan K.R., Member (J) and Harish Chander Suri, Member (T) For Appearing Parties: Anurag Bagaria, K. Thakur, Urmila Chakraborty, Advocates, Joy Saha, Sr. Advocate, Anuj Singh and Pratik M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ainers were apparently owned by M/s. MSC Mediterranean Shipping Company who approached the Hon'ble High Court of Kolkata by way of Civil Suit No. 168 of 2016 against BRG Iron Steel Company Private Limited, the Corporate Debtor herein and during the pendency of the said suit, the Hon'ble High Court directed on 3rd November, 2016 that destuffing and storing of the cargo at an alternative place and the cost and expenses will be borne by M/s. BRG Iron Steel Company Private Limited, the Corporate Debtor. But, the Corporate Debtor did not cooperate with the Customs, despite communications made by them vide letter dated 18.10.2017 and 26.10.2017 issued by the Assistant Director of Customs, Haldia. 4. It was further ordered on 21st ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tom duties and penalties, if any, are statutory dues and are operational debts for which the Customs Authorities have not lodged any claim with the Resolution Professional till date. 7. The Applicant further submits that the goods lying in the remaining 667 containers are raw-materials which may be utilized by the Resolution Professional for running the day-to-day affairs of the Corporate Debtor as a Going concern for which the Resolution Professional is incurring costs on purchase of raw-materials from open market to run the Corporate Debtor Company. The Applicant has further prayed that the remaining 679 containers might be handed over to the Applicant forthwith without any further delay. 8. In support of his submission, the Applica ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lution Professional, along with the remaining 667 containers still lying with the Customs. 10. We have heard the Learned Counsels on both sides and perused the record. We, therefore pass the following orders:- ORDER i) The Custom Authorities shall remit/pay the amount of ₹ 10,60,10,000/- (Rupees Ten Crore Sixty Lacs Ten Thousand Only) as the sale proceeds in their possession within two weeks of the date of receipt of this order, to the Resolution Professional/ Corporate Debtor's account either by way of Demand draft or through e-payment facility in the Bank directly, to be provided by the Resolution Professional to the Respondent, immediately. ii) The Customs Authorities shall within two weeks of the date of receip ..... X X X X Extracts X X X X X X X X Extracts X X X X
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