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TMI Blog2023 (11) TMI 466X X X X Extracts X X X X X X X X Extracts X X X X ..... make an application for continuation of the proceeding. The Tribunal is a creature of the statute; it cannot travel beyond the express powers vested under the Statute or Rules framed under the statute while deciding a statutory Appeal filed before it against the Orders of the prescribed statutory authorities mentioned under the statute. The corollary, any order passed by the Tribunal beyond the vested powers under the statute would be non est in law. The view consistently expressed by this Tribunal in a series of cases that the appeal abates once the IRP is appointed and/or Resolution plan approved, agreed upon - the appeal abates as per Rule 22 of CESTAT (Procedure) Rules, 1982. - DR. D. M. MISRA, MEMBER (JUDICIAL) AND MR. PULLEL ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ard Chartered Bank filed a petition under Section 7 of Insolvency and Bankruptcy Code, 2016 (in short, IBC, 2016 ) as the Financial Creditor for initiation of Corporate Insolvency Resolution Process (in short, CIRP ) against the appellant as Corporate Debtor and necessary Orders were passed by the Hon ble National Company Law Tribunal (in short, NCLT ), Hyderabad on 08th December 2017 15th December 2017. Later the NCLT approved the Resolution Plan under Section 31(1) of the IBC, 2016 and passed the Order dated 24.07.2019. 5. Consequent to the approval of Resolution Plan vide order dated 24.07.2019 and subsequent order dated 04.09.2019, the appellant have filed a miscellaneous application before this Tribunal on 13.08.2021. In the mi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... CESTAT KOLKATA 2) CCE ST, Surat-II vs. Arcelormittal Nippon Steel India Ltd 2023 (2) TMI 231 CESTAT AHMEDABAD 3) M/s Jet Airways India Ltd vs. CST, Mumbai-V 2023 (5) TMI 767 CESTAT MUMBAI 4) M/s Bhushan Power Steel Ltd vs. CCE, Kolkata-IV 2023 (5) TMI 184 CESTAT KOLKATA 5) M/s Alok Industries Ltd vs. CCE, Belapur Mumbai 2022 (10) TMI 801 CESTAT MUMBAI 6) M/s Murli Industries Ltd vs. CCE, Nagpur 2022 (11) TMI 289 CESTAT MUMBAI 8. Heard both sides and perused the records. 9. The issue involved in present appeal is: whether the appellant are entitled to continue with the Appeal and claim relief after Order of NCLT approving the resolution plan has been passed. 10. Undisputedly, duri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rule 22 should be applicable the moment the successor interest with sufficient rights is appointed by NCLT to make an application for continuation of the proceeding. It is observed as: 4.4 ---------------- Learned advocate has labored to explain why this rule should not be made applicable in his case. However, in view of the fact as stated in the para 4.2 and 4.3 above we are of the view that moment the successor interest with sufficient rights to be represented is appointed 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 proceedin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Rule 22 of the CESTAT Procedure Rules, 1982, with effect from the date of the approval of the resolution plan by the NCLT. 5.2 Since the appeals have abated the miscellaneous application filed by the applicant/appellant does not survive. 13. Similar view has been expressed by other Benches of this Tribunal in the cases cited by the ld. A.R. for the Revenue i.e. (i) M/s MC Nally Sayaji Engineering Limited vs. CCGST, Bolpur 2023 (4) TMI 1076 CESTAT KOLKATA; (ii) CCE ST, Surat-II vs. Arcelormittal Nippon Steel India Ltd 2023 (2) TMI 231 CESTAT AHMEDABAD; (iii) M/s Jet Airways India Ltd vs. CST, Mumbai-V 2023 (5) TMI 767 CESTAT MUMBAI; (iv)M/s Bhushan Power Steel Ltd vs. CCE, Kolkata-IV 2023 (5) TMI 184 CE ..... X X X X Extracts X X X X X X X X Extracts X X X X
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