Chattisgarh High Court
Gvr Infra Projects Limited vs Micro And Small Facilitation Council on 3 September, 2021
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
WPC No. 3561 of 2021
GVR Infra Projects Limited Versus Micro and Small Facilitation Council and
Another
03/09/2021 Mr. Abhishek Sinha, Senior Advocate with Ms. Ranjana Dubey
and Mr. Risabh Gard, Advocates for the petitioner.
Counsel for the petitioner would submit that under the
proceeding a resolution plan was approved under Section 31 of the
Insolvency and Bankruptcy Code, 2016 (for short 'Code, 2016'). It is
contended that where the resolution plan is approved by the
Committee of creditors, it will have an overriding effect and will be
binding on the corporate debtors and its employees, members,
creditors or any local authority to whom a debt in respect of the
payment dues arising under any law, for the time being.
It is submitted that respondent No. 2 has filed an application
before respondent No.1 and respondent No.1 has passed an order dated 13/07/2021 (Annexure-P-1). It is submitted that since the Code, 2016 will be binding effect on the Micro, Small and Medium Enterprises Development Act, 2006, the order dated 13/07/2021 (Annexure-P-1) can not be given overriding effect to the Sections 30 and 31 of the Code, 2016.
The issue needs consideration.
Issue notice to Respondent Nos. 1 & 2 on payment of PF as per rules.
After perusal of Sections 30 and 31 of the Code, 2016 and the resolution plan approved by the NCLT on 20/07/2020, it is directed there shall be stay of order dated 13/07/2021 (Annexure-P-1), till the next date of hearing.
sd/- Sd/-
(Goutam Bhaduri)
rahul Judge