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TMI Blog2024 (11) TMI 928X X X X Extracts X X X X X X X X Extracts X X X X ..... to be completed within 90 days and for taking steps in pursuance of the Order of the Hon ble Supreme Court dated 22.01.2024 [ 2024 (1) TMI 1382 - SC ORDER ], I.A. was filed by the RP. Adjudicating Authority by the Impugned Order has allowed the Application in terms of Prayer (c) but has not issued any direction as to what process, RP has to conduct. The expression used is conduct the ongoing Corporate Insolvency Resolution Process for M/s. Mastana Foods Private Limited . The ends of justice be served in disposing the Appeal permitting the RP to place an agenda before the CoC with regard to necessary steps which are required to be taken in the CIRP of the Corporate Debtor in pursuance of the directions of the Hon ble Supreme Court dated 22.01.2024 in Civil Appeal No. 7514 7515/2022. It is the CoC which is in overall control of the entire CIRP Process to take such steps as required by law. There are no reason to keep this Appeal pending any further and dispose of the Appeal with liberty to the RP to place appropriate agenda before the CoC, who may take decision and complete the process of CIRP as directed by the Hon ble Supreme Court. Appeal disposed off. - [ Justice Ashok Bhushan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... served the Judgment in I.A. 5283/2022, i.e. Plan approval Application de-reserved the same. ix. By Order dated 01.05.2024, Adjudicating Authority disposed of the Application, I.A. 961/2024, allowing the Prayer (c), aggrieved by which Order this Appeal has been filed. 3. We have heard Learned Counsel Mr. Sumesh Dhawan appearing for the Appellant, Learned Counsel Mr. Ankur Mittal appearing for the CoC, Learned Sr. Counsel Mr. Virender Ganda appearing for the Intervener, Learned Counsel Mr. Pankaj Agarwal appearing for R-1 and Learned Counsel Mr. Amit Agarwal appearing for the RP. 4. Learned Counsel for the Appellant submits that the Resolution Plan of the Appellant has been approved by the CoC with 100% votes and after the Judgment of the Hon ble Supreme Court dated 22.01.2024, Appellant has filed an Affidavit on 18.03.2024, where it offered to undertake the entire liability of Excise Taxation Officer, Officer-Cum-Assessing Authority. It is submitted that what Hon ble Supreme Court directed on 22.01.2024 was to comply with the Judgment of the Hon ble Supreme Court in `State Tax Officer (Supra) and when Appellant has agreed to accept the entire liability of Excise Taxation Officer, Of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ver, the said Orders was reversed by this Appellate Tribunal, against which, Civil Appeal No. 7514 7515/2022 was filed. The Order of the Hon ble Supreme Court has been brought on record by the Appellant. The Order of the Hon ble Supreme Court dated 22.01.2024 is as follows: IA No.180405 of 2022 The learned counsel appearing for the original respondent has no objection for allowing this application, as now the respondent sought to be substituted has been appointed as the Resolution Professional. Accordingly, the application is allowed. Civil Appeal Nos.7514-7515 of 2022 These appeals were kept pending, as the Review Petitions filed in the case of State Tax Officer v. Rainbow Papers Limited1 (Civil Appeal No.1661 of 2020 etc.) on which reliance has been placed were pending. Now, the Review Petitions have been dismissed. In the light of the decision dated 6th September, 2022 in the case of State Tax Officer v. Rainbow Papers Limited, we set aside the impugned order dated 22nd March, 2022 passed by the National Company Law Appellate Tribunal. It is obvious that these appeals will be governed by the directions issued in the said decision. The appeals are accordingly allowed on the above ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s made above, making provisions for the dues of the statutory creditors like the appellant. 11. It was after the Judgment of the Hon ble Supreme Court in Appeals filed by Excise Taxation Officer, Officer-Cum-Assessing Authority that I.A. No. 961/2024 was filed by the RP. In I.A. No. 961/2024, following prayers were made by the RP: (a) Take judgement/ final order dated 22.01.2024 passed by Hon ble Supreme Court of India in Excise And Taxation Officer Of State Tax vs. Ashok Kumar Juneja in Civil Appeal Nos.7514-7515 of 2022 on record; (b) De-reserve order and Dispose the I.A. No. 5283 of 2020 filed by Erst While/ Resolution Professional namely Mr. Ashok Kumar Juneja for seeking the Approval of the Resolution Plan. (c) Direct and Pass appropriate orders for Applicant to conduct the ongoing Corporate Insolvency Resolution Process for M/s Mastana Foods Private limited. 12. Prayers (a) (b) already allowed by the Adjudicating Authority by Order dated 13.03.2024 and by Order impugned dated 01.05.2024 for Prayer (c) has been allowed. Directions issued by the Hon ble Supreme Court in `State Tax Officer (Supra), have been noticed by the Adjudicating Authority in the Order and has thereafter d ..... X X X X Extracts X X X X X X X X Extracts X X X X
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