9911796707
TMI Blog2023 (11) TMI 416X X X X Extracts X X X X X X X X Extracts X X X X ..... he view consistently expressed by this Tribunal in a series of cases that the appeal abates once the IRP is appointed, is agreed upon - the appeal abates as per Rule 22 of CESTAT (Procedure) Rules, 1982. - DR. D. M. MISRA, MEMBER (JUDICIAL) AND MR. PULLELA NAGESWARA RAO, MEMBER (TECHNICAL) Present for the Appellant: None Present for the Respondent: Sh. H. Jayathirtha, Authorized Representative ORDER None present for the appellant. This appeal is filed against Order-in-Original No. 03/2012 dated 25.01.2012 passed by the Commissioner of Central Excise ST, Bangalore-I. 2. Briefly stated facts of the case are that the appellant is engaged in manufacture of excisable goods falling under Chapters 84 and 85 of the Cen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... proceeding has been initiated. The Hon ble NCLT vide Order dated 19.07.2017 admitted the petition and appointed the Interim Resolution Professional (IRP) in the case. The proceedings were continued and culminated to passing the Resolution Plan which has been approved by the Hon ble NCLT vide Order dated 13.04.2018. Consequent to the said Order dated 13.4.201 approving the Resolution Plan, the appellant have now before this Forum. 7. The relevant provision under the CESTAT (Procedure) Rules, 1982 prescribed at Rule 22, reads as under: RULE 22. Continuance of proceedings after death or adjudication as an insolvent of a party to the appeal or application. Where in any proceedings the appellant or applicant or a respondent die ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted by the NCLT this rule will become applicable and it is for the successor interest to make an application for continuance of the proceedings. In the present case no such application has been filed by the successor interest for the continuance of the proceedings and hence the appeal stands abated by the operation of this rule. 4.5 . 4.6 There is no dispute to the binding nature of the resolution plan as approved by the NCLT. It has been settled by the Hon ble Apex Court in the cases referred to by the learned counsel for the applicant. ----------------- 4.8 However, from the date of approval of the resolution plan by the NCLT, the appeal filed by the applicant has abated and CESTAT has become func ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
