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TMI Blog2023 (11) TMI 837X X X X Extracts X X X X X X X X Extracts X X X X ..... STRIES LTD. VERSUS COMMISSIONER OF CENTRAL EXCISE, BELAPUR AND COMMISSIONER OF CEN. EXCISE, MUMBAI CENTRAL [ 2022 (10) TMI 801 - CESTAT MUMBAI] analysed in detail Rule 22 of CESTAT (Procedure) Rules, 1982 and observed that aforesaid 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. Needless to mention, as observed by the Hon ble Supreme Court and High Courts in a catena of cases that 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 a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s, under Section 129A of the Customs Act, 1962. 3. During the pendency of these Appeals, it is brought on record that, Standard 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 respondent 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. 4. Consequent to the approval of Resolution Plan vide order dated 24.07.2019 and subse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ved in present appeals is: whether the respondents are entitled to continue with the Appeals and claim relief after Order of NCLT approving the resolution plan has been passed. 7. Undisputedly, during the pendency of the appeals, necessary orders have been passed 8th December, 2017 by the Hon ble NCLT approving the Resolution Plan under Section 31(1) of the IBC, 2016. 8. 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 dies or is adjudicated as an insolvent or in the case of a company, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. 4.7 ----------------- 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 functus officio in the matters relating to this appeal. Further it is also settled that the impugned orders in the appeals have got merged in the order o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (5) TMI 767 CESTAT MUMBAI; (iv)M/s Bhushan Power Steel Ltd vs. CCE, Kolkata-IV 2023 (5) TMI 184 CESTAT KOLKATA; (v)M/s Murli Industries Ltd vs. CCE, Nagpur 2022 (11) TMI 289 CESTAT MUMBAI. 11. In the respondent s own case, the Hon ble Gujarat High Court in R/Tax Appeal No. 32 of 2019 taking note of the judgments on the subject including that of Hon ble Supreme Court in Ghansyam Mishra s case held that in such circumstances, the appeal abates. 12. Needless to mention, as observed by the Hon ble Supreme Court and High Courts in a catena of cases that 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 Appe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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