9911796707
TMI Blog2024 (2) TMI 142X X X X Extracts X X X X X X X X Extracts X X X X ..... orities for expeditious disposal of matters pending in the name of and against the Corporate Debtor - blanket/de-facto approval for the institution of the suit or any other legal proceedings by the Liquidator on behalf of the Corporate Debtor in near future so as to ensure appropriate recovery in favour of the Corporate Debtor for its beneficial liquidation - HELD THAT:- There cannot be any exception to requirement of law as contained in Section 33(5) of the Code i.e. legal proceeding may be instituted by the liquidator, on behalf of the corporate debtor, with the prior approval of the Adjudicating Authority. When the application was filed by the Liquidator being I.A. No.405 of 2021, this was with intent and purpose to obtain prior approva ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... before us was appointed as Liquidator on 06.02.2020 with respect to the Corporate Debtor Isolux Corsan India Engineering Construction Pvt. Ltd . The Liquidator filed an I.A. being I.A. No.405 of 2021, where the applicant prayed for following reliefs: PRAYER Thus, in the light of above-stated facts and circumstances, it is most respectfully prayed, that this Hon'ble Tribunal may be pleased to: A. To authorize the Applicant/ Liquidator to defend all of any of the suit, prosecution or other legal proceedings, civil or criminal in the nature of and on behalf of the Corporate Debtor initiated both prior and post the commencement of liquidation proceedings of the Corporate Debtor. B. To provide a requisition to t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to corporate debtor and also for making amendment in IA No. 405/2021. The compliance to that effect has been filed vide Diary No. 00633/4 dated 28.12.2021. The said list is Annexure C-2 with the said affidavit. Keeping in view the facts and circumstances mentioned in the application, IA No. 405/2021 is allowed. The applicant-Liquidator is at liberty to defend all the litigation mentioned in the list Annexure C-2 i.e. prosecution or other consequential proceedings civil as well as criminal nature. IA No. 405/2021 is allowed and disposed of accordingly. (iii) A Compliance Affidavit was filed by the Liquidator after order dated 28.04.2022 bringing list of litigations which the Liquidator was to file and defend. The said list has been brou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation with the officials of the VAT department, Sasaram Circle towards procuring the refund amount. If the said amount is not refunded by the Bihar Commercial Tax Department, Sasaram Circle in favour of the CD, the Applicant in his capacity as the Liquidator of the CD will be taking appropriate legal action against the Bihar Commercial Tax Department by filing an Appeal before the Deputy Commissioner (Appeals) procuring the said refund. (v) The Appellant Liquidator subsequently come to know that the Re-Assessment Proceedings has been initiated by the Commercial Tax Department. To protect the interest of the Corporate Debtor, the Appellant Liquidator immediately filed a Writ Petition being Writ Petition N ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ial proceedings on behalf of in the name of the Corporate Debtor, which may arise out of the said Writ Petition (as stated in Prayer A). C. Pass any other such Order(s), which this Hon'ble Tribunal may deem fit in the interest of justice, equity and good conscience. All of which is most respectfully prayed for. (vii) The application I.A. No.1081 of 2023 which was filed by the Liquidator came to be dismissed by the impugned order, aggrieved by which order this Appeal has been filed. 2. Learned counsel for the Appellant challenging the order dated 29.11.2023 contends that when the order dated 28.04.2022 in I.A. No.405 of 2021 is taken into spirit and connotation, the order gives permission to the Liquidator to prosecute ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d that there was no specific approval for filing Writ Petition, however, when the Adjudicating Authority has allowed the Liquidator to prosecute on behalf of the Corporate Debtor, we are of the view that the Adjudicating Authority ought to have issued necessary order as prayed in I.A. No.1081 of 2023 to clarify that the Liquidator was fully entitled to peruse the Writ Petition on behalf of the Corporate Debtor. We are of the view that the impugned order cannot be sustained. Order dated 29.11.2023 is set aside. I.A. No. 1081 of 2023 is allowed holding that the proceedings which was initiated by the Liquidator by filing Writ Petition being Writ Petition No. C.W.J.C. No.13042 of 2022 was fully covered by the approval as given by the Adjudicati ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
