M/S Reliance Infratel Limited & Anr. vs . State Of Meghalaya & Ors. on 1 August, 2023

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Meghalaya High Court

M/S Reliance Infratel Limited & Anr. vs . State Of Meghalaya & Ors. on 1 August, 2023

Bench: H. S. Thangkhiew

 Serial No. 05
 Supplementary List
                         HIGH COURT OF MEGHALAYA
                               AT SHILLONG

WP(C) No. 238 of 2023
                                           Date of Order: 01.08.2023

M/s Reliance Infratel Limited & Anr. Vs. State of Meghalaya & Ors.

Coram:
                Hon'ble Mr. Justice H. S. Thangkhiew, Judge


Appearance:
For the Petitioner(s)         :   Mr. D. Saikia, Sr. Adv. with
                                  Mr. P. Nayak, Adv.

For the Respondent(s)         :   Mr. A. Kumar, AG with

Ms. R. Colney, GA Mr. K.P. Bhattacharjee, GA Heard Mr. D. Saikia, learned Senior counsel assisted by Mr. P. Nayak, learned counsel for the petitioners.

Issue notice.

Mr. A. Kumar, learned AG assisted by Ms. R. Colney, learned GA is present and accepts notice on behalf of the respondents Nos. 1 and 2.

The matter concerns a challenge to the notice dated 12.06.2023, whereby the respondents have demanded for payment of the outstanding electricity dues against mobile towers, which has been incurred by the petitioner.

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The ground of challenge is that as the petitioner was already admitted to insolvency w.e.f. 07.05.2019, and a resolution plan which was submitted has been duly approved, and as the proforma respondents Nos. 3 and 4 has since taken over the petitioners company, any rights or liabilities subsequent to the resolution are barred under the Insolvency and Bankruptcy Code, 2016.

Mr. A. Kumar, learned AG assisted by Ms. R. Colney, learned GA submits that the claim by the respondents is saved by the resolution plan itself, and has also placed a decision in support thereof that the same being statutory dues, the petitioners are liable to satisfy the same as per the demand.

It is also submitted by Mr. D. Saikia, the learned Senior counsel for the petitioner that the dispute is only with regard to outstanding dues and the current dues are being paid.

As the matter requires further consideration, specifically on the point of law, list this matter for admission hearing after 4(four) weeks. The respondents Nos. 1 and 2, to file an affidavit in the meanwhile.

It is further provided that till the next date, no coercive action shall be taken against the petitioner.

List this matter on 01.09.2023, for admission hearing.

JUDGE Meghalaya 01.08.2023 "V. Lyndem-PS"

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