Rajasthan High Court - Jaipur
Revent Precision Engineering Limited vs Office Of The Joint Commissioner ... on 14 September, 2023
Bench: Manindra Mohan Shrivastava, Praveer Bhatnagar
[2023:RJ-JP:22873-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil Writ Petition No. 14179/2023
Revent Precision Engineering Limited, A Company having its
registered office at Forging Division Unit-II, Begumpur Khataula,
Post Office - Khandsa, Gurugram, Haryana-122004, India
through its Company Secretary.
----Petitioner
Versus
Office of the Joint Commissioner, State Tax, Circle-A, Bhiwadi.
----Respondent
For Petitioner(s) : Mr. Kamlakar Sharma, Sr. Advocate assisted by Ms. Alankrita Sharma For Respondent(s) : Mr. Umang Gupta with Mrs. Aditi Khandelwal HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 14/09/2023 Learned counsel for the parties jointly submit that the issue raised in this petition is squarely covered by the judgment passed by Hon'ble Supreme Court in the case of Ghanashyam Mishra and Sons Private Limited through the Authorised Signatory Vs. Edelweiss Asset Reconstruction Company Limited through the Director & Ors; (2021) 9 SCC 657.
In the aforesaid decision it has been firmly concluded as below: -
"102.1. 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 (Downloaded on 11/11/2023 at 08:02:46 PM) [2023:RJ-JP:22873-DB] (2 of 2) [CW-14179/2023] 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.
102.2. The 2019 Amendment to Section 31 of the I&B Code is clarificatory and declaratory in nature and therefore will be effective from the date on which the I&B Code has come into effect. 102.3. Consequently all the dues including the statutory dues owned to the Central Government, any State Government or any local authority, if not part of the resolution plan, shall stand extinguished and no proceedings in respect of such dues for the period prior to the date on which the adjudicating authority grants its approval under Section 31 could be continued."
Learned counsel for the respondent would submit that at the time of passing impugned order the respondent parties were not aware of a resolution plan duly approved by the adjudicating authority under sub-section (1) of Section 31 of the I&B. He would submit that in view of the aforesaid decision, the impugned order could not have been passed so as to pass on liability against the verdict of the Hon'ble Supreme Court.
In view of the submissions made by learned counsel for the respondent and the decision of Hon'ble Supreme Court the impugned order shall be of no effect and consequence against the petitioner.
Accordingly, the writ petition is disposed of. (PRAVEER BHATNAGAR),J (MANINDRA MOHAN SHRIVASTAVA),J 9-/DHARMENDRA RAKHECHA (Downloaded on 11/11/2023 at 08:02:46 PM) Powered by TCPDF (www.tcpdf.org)