9911796707
TMI Blog2024 (10) TMI 45X X X X Extracts X X X X X X X X Extracts X X X X ..... ves to be allowed - it was held in the said case that ' That once a resolution plan is duly approved by the Adjudicating Authority under sub-section (1) of Section 31, the claims as provided in the resolution plan shall stand frozen and will be binding on the Corporate Debtor and its employees, members, creditors, including the Central Government, any State Government or any local authority, guarantors and other stakeholders. 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.' Impugned assessmen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appropriate nature quashing and setting aside computation notice dated 8th June 2022 issued by the Respondent No.1 to the petitioner claiming an amount of Rs. 20,05,414/- (Rupees Twenty Lakh Five Thousand Four Hundred and Fourteen) and all consequential actions/proceedings if any, as being illegal, void and de-hors and binding provisions of the resolution plan duly approved by the Ld. NCLT vide its order dated 03.12.2020 in CP(IB) No.7 of 2018, as well as the express provisions of IBC, 2016 and; C. Issue a writ, order or direction in the nature of Mandamus directing the Respondent no.1 to remove the lien of an amount of Rs. 24,72,182/- (Rupees Twenty Four Lakh Seventy Two Thousand One Hundred and Eighty Two only) marked by the respondent No ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -opening such claims against the petitioner which arise out of pre CIRP liabilities/obligations of the petitioner, as the same stood settled/waives/extinguished upon approval of the resolution plan by the Ld. NLCT vide its order dated 03.12.2020 in CP(IB) No. 7 of 2018 and/or; G. To issue any such other writ, order or direction, which this Hon ble Court may deem fit and proper in the facts and circumstances of the case 4. Brief facts of the case are as under: 4.1 The petitioner was subjected to the proceedings under the Insolvency and Bankruptcy Code, 2016 (for short IBC ) and on 30.10.2018 National Company Law Tribunal, Chandigarh [ NCLT for short] admitted the petition filed under section 9 of IBC against the petitioner and initiated the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Sons (P) Ltd vs. Edelweiss Asset Reconstruction Co. Ltd reported in (2021) 9 SCC 657 whereby, the Hon ble Apex Court has held that once the resolution plan is approved by the NCLT, all claims, which are not part of the approved plan, shall stand extinguished. 5. Learned advocate for the petitioner submitted that in view of the decision of the Apex Court in case of Ghanashyam Mishra Sons (P) Ltd. (supra) and which was further followed by the Apex Court in case of Soya Industries Ltd and Ors vs. Union of India and others reported in (2022) 6 SCC 343, impugned orders and notices would not survive. 6. Learned AGP Mr. Chintan Dave appearing for the respondent could not controvert the above position of law canvassed by the learned advocate for t ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
