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TMI Blog2021 (10) TMI 314X X X X Extracts X X X X X X X X Extracts X X X X ..... hoo, learned Senior counsel for the Petitioner clarifies that there is a typographical error in prayers (b), (d) and (e) of the writ petition where in place of 'Opposite Party Nos.2 and 4' it should read as 'Opposite Party No.3'. In other words, he clarifies that he has no grievance against Opposite Party Nos.2 and 4 and the prayers in those prayer clauses are in fact against Opposite Party No.3. The said clarification is placed on record. 3. In view of above clarification Mr. Mishra appearing for Opposite Party Nos.2 and 4 states that he has no further submission to make. 4. Further, as far as Opposite Party Nos.5 and 7 are concerned, it is now been clarified by them in paragraph 5(g) of their counter affidavit as under: "5 (g) That du ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... In view of the above clarification Mr. Sahoo states that he has no further grievance as far as Opposite Party Nos.5 and 7 are concerned. It is directed that the above payment be made not later than four weeks from today. 7. As regards the prayer against Opposite Party No.3, the background facts are that, the Petitioner is a registered partnership firm which is registered under the Finance Act, 1994 and after coming into force of the Odisha GST / Central GST Act, 2017 it has also obtained GST registration under the said statute. It is stated that the Petitioner was raising invoices from time to time charging service tax prior to 1st July, 2017 and GST after that date for various services rendered by it to the Opposite Party No.5. It is sta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ease to have effect; and (b) that the resolution professional shall forward all records relating to the conduct of the insolvency resolution process and resolution plan to the board to be recorded in the database." 9. An appeal was filed against the above order before the National Company law Appellate Tribunal (NCLAT). By judgment dated 4th July, 2019 the NCLAT disposed of the said appeal, filed by one of the creditors, and held that cases where the adjudicating authority or NCLAT could not decide the claim on merits, such appellants would be allowed to raise the issue before the appropriate forum in terms of Section 60(6) of the IBC. 10. Arising from the above order of the NCLAT the Committee of Creditors of Essar Steel India Ltd. (Op ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... site Party No.3. In the counter affidavit by Opposite Party Nos.5 and 7 it is clarified that the service tax amount that has been paid is Rs. 1,41,12,429.94 and the credit taken in this regard has now been reversed. 13. It is seen that in similar circumstances one GGS Infrastructure Private Limited had approached the Bombay High Court in WP-LD-VC-NO.268 of 2020 and by judgment dated 22nd December, 2020 the Bombay High Court observed as under on the facts of that case: "39. Following the above, we have no hesitation to hold that once a resolution plan is approved by the committee of creditors by the requisite percentage of voting and the same is thereafter sanctioned by the adjudicating authority (Tribunal in this case), the same is bindi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... objective of the Code. There is no question of retaining the said amount. Submissions made by Mr. Jetly that the amount already recovered should be allowed to be appropriated by the respondent and that petitioner should pay 5% of the balance of the principal dues i.e. 5% of Rs. 7,02,20,725.00 less Rs. 6,23,82,214.00 is without any substance and liable to be rejected. It is accordingly rejected." It is seen that the Bombay High Court in the above decision took note of the judgment of the Supreme Court in Civil Appeal Nos.8766-67 of 2019 filed by Committee of Creditors of Essar Steel India Ltd. (Opposite Party No.8). 14. Consequently the writ petition is allowed and a direction is issued to Opposite Party No.3 to calculate and refund to the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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