The case if xed fer pronouncement of order. The order is pronounced in open Court, vide separate sheet. (VIREND UMAR GUPTA) MEMBE (TECHNICAL) Dated this the day 0f November, 2020 1A 361 0I2018 in CP [IE] 67 01' 2017 BEFORE THE ADJUDICATING AUTHORITY NATIONAL COMPANY LAw TRIBUNAL AHMEDABAD BENCH coum 1 IA 361 of 2018 in CP (13) s7 of 2017 In the matter of: [An application under Section 60(5)(e} of the Insolvency and Bankruptcy Code, 2016] In the matter between: . Bhavarlal Mangilal Jain Having addressed at: 1006, B-Wing, Shankar Sheth Palace, Nana Chawk, Grant Road (West), Mumbai-4000O7, Ajay Kumar Gupta Having addressed at: 105, Pushpanjali Apartment, Sai Krupa Society No. 4, Nani Daman, Damian-396210, U.T. of Daman ...... Applicants Versus Metal Link Alloys Ltd. Through its liquidator being Mr. Anurag Kumar Sinha Having addressed at: 83, Mittal Court, A-Wing, 8Lh Floor, Nariman Point, Mumbai-400021 Commissioner Central GST 8s Central Commissionerate, Daman, , /' 1|Page IA 3610f20181n CP (1B) 67 0f2017 2nd Floor, Hanis Landmark, Above, HDFC Bank, Vapi- Daman Road, Chala, Vapi, Gujarat-396191. ..... Respondents. Order Reserved on 25.11.2020 Order delivered on 26.11.2020 Comm: Medan Bhalachandra Gosavi, Member (J) Virendra Kumar Gupta, Member (T) Aggeamnce: For the Applicant: Learned Counsel Mr. Arjun Sheth. For the Respondent: Learned Counsel Mr. Mayur Jugtawat on behalf of Learned Counsel Mr. Nipun Singhvi. [Perz Bench]
1. Through this application, the Applicant is seeking stay 0n the operation of order dated 18.06.2018 passed by Respondent No. 2 and recovery notice issued on 12.09.2018.
2. The facts, in brief, are that the Corporate Debtor was admitted into Corporate Insolvency Resolution Process (in short CIRP) vide order of this Adjudicating Authority dated 17.08.2017. The moratorium under Section 14 of Insolvency 8t Bankruptcy Code, 2016 (in short IBC, 2016] came into operation. The proceedings under GST laws continued in spite of fact of admission of the Corporate Debtor into CIRP being brought to the notice of GST Authority. This Authority vide order dated 11.05.2018 passed the order of liquidation in the case of Corporate Debtor. Liquidator was appointed. The GST Authority passed the order of assessment on 18.06.2018 and issued recovery notice on 12.09.2018.
2 Page IA 361 of 2018 in CPB) 67 01'2017 Learned Counsel appeared on behalf of applicant and vehemently argued that proceedings under GST laws were taken in contravention of the provisions of IBC, 2016, hence, this order as Well as notice of demand was liable to be quashed. We have considered the submissions made by learned counsel and material on record, It is not in dispute that impugned order has been passed subsequent to the order of liquidation being passed by this Adjudicating Authority in the case of Corporate Debtor. The legal position is that on passing of the order of liquidation, the moratorium placed under Section l4 of IBC, 2016 comes to an end. Further, as per provision of Section 33(5) of IBC, 2016, the legal proceedings can be continued against the Corporate Debtor during the course of liquidation In view of this legal position, as applicable to the facts of this case, We do not nd any merit in this application. The same is, therefore, dismissed. The application led by applicant stands dismissed and disposed of. (Virendra Kumar Gupta) l Member (Technical) Member (Judicial) 3|Page
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