2023 (7) TMI 718 - SCH - Central Excise

Civil Appeals Dismissed as Respondent's IBC Resolution Extinguishes Appellant's Statutory Dues.

The SC disposed of the Civil Appeals due to the respondent undergoing resolution under the IBC, which extinguished the statutory dues owed to the ... Maintainability of appeal - respondent herein has undergone the process of resolution under the provisions of the IBC - HELD THAT:- Having regard to the dictum of this Court in GHANASHYAM MISHRA AND SONS PRIVATE LIMITED THROUGH THE AUTHORIZED SIGNATORY VERSUS EDELWEISS ASSET RECONSTRUCTION COMPANY LIMITED THROUGH THE DIRECTOR & ORS. [2021 (4) TMI 613 - SUPREME COURT], the statutory dues owed by the respondent to the appellant (Department) shall no longer be the subject matter of adjudication, as it has stood extinguished. Appeal disposed off. The Supreme Court disposed of the Civil Appeals as the respondent underwent resolution under the IBC, extinguishing statutory dues owed to the appellant. The appeals cannot be considered on merits.