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TMI Blog2024 (9) TMI 1348X X X X Extracts X X X X X X X X Extracts X X X X ..... be considered by the Hon ble Supreme Court of India in the case of Ghanshyam Mishra and Sons Pvt. Ltd. Vs. Edelweiss Asset Reconstruction Company [ 2021 (4) TMI 613 - SUPREME COURT ]. The Hon ble Supreme Court held that 'On the date of approval of resolution plan by the adjudicating authority, all such claims, which are not a part of resolution plan, shall stand extinguished and no person will be entitled to initiate or continue any proceedings in respect to a claim, which is not part of the resolution plan.' In the circumstances, it must be held that the liability of the petitioner, arising out of the AP VAT Act or the GST Act stands extinguished to the extent of its liability up to 4th September, 2019. The contention of the learn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 9. The resolution plan which had been approved by the NCLT provided that all dues of the creditors, including the dues of the State were to be adjusted out of amounts paid by the successful applicants in the resolution process. 4. The order of the NCLT was challenged before the National Company Law Appellate Tribunal (NCLAT), by way of Appeal No. 1068 of 2019. The said appeal was dismissed on 09.12.2019 and the order of NCLT had become final. 5. The petitioner-company was put under new management and recommenced its operations. It may also be mentioned that the petitioner had earlier obtained registration for its Kakinada plant, under the AP VAT Act and a separate registration under the AP VAT Act for its Ampapuram Plant. These two registra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be liable to clear any of such statutory duties set out in the scheme. 9. The learned Government Pleader for Commercial Taxes would submit that the order of NCLT would not be binding upon the State of A.P as no notice of any nature was issued to the State of Andhra Pradesh in relation to the insolvency proceedings pending before the NCLT. He further submits that though publication of notice or proceedings before NCLT, Mumbai Bench had been published in the newspapers circulating all over the country, no such publication was made in any of the newspaper circulating in the State of Andhra Pradesh. He also relies upon Regulation No.6 of the Insolvency and Penalty Board of India, Fast track Insolvency Resolution Process for Corporate Persons R ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2019. 12. The contention of the learned Government Pleader for Commercial Taxes that the order of NCLT is not binding on the State of Andhra Pradesh in view of Section 88 of the GST Act would have to be negatived in as much as Section 238 of the Insolvency and Bankruptcy Code provides for a non-obstante clause overriding all other laws. 13. The further contention of the learned Government Pleader for Commercial Taxes that the order would not be binding as no notice had been given to the State of Andhra Pradesh prior to passing of the said order would also have to be negatived as such the plea only, can be taken for setting aside the said order. It must be held that as long as the said order holds, it would not be open for any person, who i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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