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TMI Blog2022 (1) TMI 65X X X X Extracts X X X X X X X X Extracts X X X X ..... The prayer made by the Applicant is allowed and the demand of the Respondent for the period prior to 20.09.2018 for ₹ 30,25,057.00 (Rupees Thirty lacs Twenty Five thousand Fifty Seven) only raised in respect of six tea gardens of the Applicant is hereby extinguished and claim, if any, is filed now or in future relating to the period prior to 20th September, 2018 need not be entertained by the Resolution Applicant / Corporate Debtor - Application disposed off. - IA (IBC) No.38 of 2021 IN CP. (IB) No. 20/GB/2017 - - - Dated:- 10-12-2021 - Hon ble Shri Rohit Kapoor, Member (J) And Hon ble Shri Prasanta Kumar Mohanty, Member (T) MS. A. MATHUR ADVOCATE APPLICANT PRESENT IN VIDEO NONE ADVOCATE RESPONDENT CONFERENCE ORDER [Per se: Shri Prasanta Kumar Mohanty, Member (T)] 1. The Applicant [Corporate Debtor] herein, Assam Company India Ltd. has filed this IA No.38/GB/2021 praying for the following reliefs:- i. The demand of the Respondents prior to 20.09.2018 amounting to ₹ 30,25,057.00 (Rupees Thirty lacs Twenty Five thousand Fifty Seven) only raised in respect of six tea gardens of the applicant should be extinguished; ii. Any other demand pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inguish all the disputed and undisputed claims against the Applicant relating to the period prior to the effective date i.e. 20.09.2018 in terms of the approved Resolution Plan in respect to the tea gardens mentioned therein. 6. That the Additional Deputy Commissioner (R), Sibsagar had issued a demand notice on 08.08.2014 to the Applicant s Mohokutie Tea Estate for an amount of ₹ 82,706.00 (Rupees Eighty Two thousand Seven hundred Six) only. He had also issued another demand notice on 01.10.2015 to the Applicants Mohokutie Tea Estate for an amount of ₹ 42,191.00 (Rupees Forty Two thousand One hundred Ninety One) only. Again he had issued three demand notices to the Applicant s Mohokutie Tea Estate for an amount of ₹ 1,05,477.95 (Rupees One lac Five thousand Four Hundred Seventy Seven and Ninety Five Paise) only on 06.12.2016, for an amount of ₹ 1,04,478.40 (Rupees One lac Four thousand Four hundred Seventy Eight and Paise Forty) only on 08.09.2017 and for an amount of ₹ 1,04,478.36 (Rupees One lac Four thousand Four hundred Seventy Eight and paise Thirty Six) only. 7. Likewise, the Applicant had received the following notices on different dates d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mount which is to be waived off by the Respondents are annexed with the Application marked as Annexure S. 11. It is submitted by the Applicant that in compliance of the order passed by this Bench on 30.09.2021, the Applicant has paid an amount of ₹ 5,65,192.00 (Rupees Five lac Sixty Five thousand One hundred Ninety Two) only on 05.10.2021 towards land revenue for the year 2019-20,2020-21 and 2021-22 against the demand notice dated 21.09.2021 issued by the Deputy Commissioner, Sibsagar (Revenue Branch). Copies of the Order dated 30.09.2021 passed by this Bench and demand notice dated 21.09.2021 issued by the Deputy Commissioner, Sibsagar (Revenue Branch) along with copy of the challan have been enclosed with the Compliance Report filed by the Applicant and it was requested by the Applicant that the said documents were to be treated as part of annexures to the Application. 12. It is submitted by the Petitioner here that the Hon ble Supreme Court of India in the matter of Committee of Creditors of Essar Steel India Ltd. Vs. Satish Kumar Gupta Ors. [Civil Appeal No.8766-67/2019 and other petitions [Judgment dated 15th November, 2019] while setting aside the judgment dated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ompliances, breaches and defaults of Assam Company India Ltd. for the period prior to the effective date i.e. 20.09.2018 shall be deemed to be waived by the concerned governmental authorities. It has been categorically approved and held by this Hon ble Tribunal in IA 32 of 2020 that since the Respondent have not filed any claims for the period from 1986-87 except 2013-14 and 2014-15 before the Resolution Professional / before the approval of the Resolution Plan, the left over claims of the Respondents from 1986-87 till approval of the Resolution Plan, if it is filed now or in the future, is not to be entertained by the Resolution Applicant / Corporate Debtor. 13.2 The respondents have not filed any claims before this Bench for settlement of any of its dues other than the claim for the assessment years 2013-14 and 2014-15 before the Resolution Professional, which was admitted by the Resolution Professional and was paid to the respondents. 13.3 In accordance to clause 12.1 of the Resolution Plan, which deals with other liabilities including contingent liabilities as follows:- 12.1 Other Liabilities including Contingent Liabilities: 12.1.1 Except to the extent of payme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Respondent has informed that he has not received copy of the Petition and requested for 4 weeks time to file reply. Time is granted. The Petitioner is directed to send copy of the Petition to the Respondent once again. Seven days time is granted to the Respondent to file reply. However, the Respondent is directed not to attach any account of the Petitioner right now. The Petitioner is also to ensure that the current dues are paid in time . On the next date of hearing, the learned Counsel for the Petitioner submits that in spite of service of notice on the Respondent, the Respondent has not appeared though they have paid to the Respondent an amount of ₹ 5,65,192.00 towards land Revenue. On that day also the Respondent is not present. However, in the interest of justice, the Respondent was given liberty to file written submissions, if any, within 10 days from today. The Petitioner was directed to forward the copy of today s order to the Respondent, for their information. From the above orders it is found that even though sufficient opportunities were given to the Respondents, but it has not filed any reply/written submissions in response thereto. 15. In compliance o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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