9911796707
TMI Blog2025 (4) TMI 1109X X X X Extracts X X X X X X X X Extracts X X X X ..... iled by M/s. Orchid Healthcare, Unit II (100% EOU), Sriperumbudur and M/s. Orchid Pharma Ltd., Alathur (hereinafter referred to as 'Appellants') directed against the Orders-in-Appeal Nos. 62-63/2017 (CXA-II) dated 13.02.2017 passed by Commissioner of Central Excise (Appeals - II), Chennai who have confirmed the Orders-in-Original No. 03/2016 dated 29.02.2016 passed by the Commissioner of Central Excise, Sriperumbudur Division and No. 50/2016 dated 29.04.2016 passed by the Assistant Commissioner of Central Excise, Tambaram Division wherein the demand of central excise duty was confirmed along with interest and imposed penalties. 1.2 The above appeals have come up for hearing as per the published list and now these have been taken up for dis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as under Corporate Insolvency Resolution Proceedings as per the Insolvency & Bankruptcy Code, 2016 (IBC 2016) and the NCLT, Chennai approved the Resolution Plan vide its Order dated 27.06.2019. The details of the appeals are as follows : - Period of dispute OIO OIA Demand CESTAT Appeal Nos. April 2014 to March 2015 No. 03/2016 dated 29.20.2016 No. 62/2017 dated 13.02.2017 8,383/- E/41174&41175/2015 January 2015 to September 2015 No. 50/2016 dated 29.04.2016 No. 63/2017 dated 13.02.2017 61,146/- 7. The Supreme court in the case of Ghanashyam Mishra & Sons Pvt. Ltd. vs. Edelweiss Asset Reconstruction Company Ltd. [2021 9 SCC 657] has held that after the approval of the resolution plan by the NCLT, a creditor including the Centr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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; (ii)....." It is not ascertainable whether the Department has registered its claim with the Liquidator as above. However, now no further proceedings can survive in this appeal. 9. At this juncture, it is also expedient to refer to Rule 22 of the Customs, Excise, Service Tax Appellate Tribunal (Procedure) Rules, 1982 which reads as follows: - "RULE 22. Continuance of proceedings after death or adjudication as an insolvent of a party to the appeal or appli ..... X X X X Extracts X X X X X X X X Extracts X X X X
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