9911796707
TMI Blog2023 (11) TMI 1038X X X X Extracts X X X X X X X X Extracts X X X X ..... ppellant reiterates the grounds of appeal which is on merit. None appeared on behalf of the respondent. 3. On careful consideration of the submission made by the learned Authorized Representative and perusal of records, we find that the present respondent company has undergone the proceedings under insolvency and bankruptcy code, whereby as per the NCLT order, the present appellant company has been taken over by some other company namely M/s Agarwal Coal Corporation Private Limited. In this regard, this Tribunal in the respondent's case in their other appeal bearing number C/10055/2013 passed a final order A/12174-12176/2022 dated 12.12.2022 whereby though the order was passed on merit but made an observation as regard the issue of IBC dec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... "16. As far as reliefs and concessions claimed by the resolution applicant, the law has been well settled by the Hon'ble Supreme Court in the case of Ghanashyam Mishra and Sons Private Limited Vs. Edelweiss Asset Reconstruction Company Limited and Ors. reported in MANU/SC/0273/2021 in the following words: I. "The legislative intent behind this is, to freeze all the claims so that the resolution applicant starts on a clean slate and is not flung with any surprise claims. If that is permitted, the very calculations on the basis of which the resolution applicant submits its plans, would go haywire and the plan would be unworkable. II. We have no hesitation to say, that the word "other stakeholders" would squarely cover the Central Gov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aforesaid NCLT order in the appellant case and the above cited Apex Court judgments, the dues of the Government, including the present dues, if any, is not prima facie recoverable. However, since we decide this appeal on its merit and fact of the case, we do not incline to give conclusive finding on the basis of NCLT order." 4. From the above observation, it can be seen that all the government dues stand extinguished as per the resolution approved by the NCLT vide order dated 01.07.2022, therefore, there is no purpose even to proceed with the present appeals by the department. Accordingly, in our view, the Revenue's appeals became infructuous. Hence, the appeals are dismissed as infructuous. ( Pronounced in the open court on 08. 11. 2023 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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