2020 (10) TMI 736

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....hirunavukkarasu, Member (T) For the Appellant : Soaham Joshi For the Respondent : Chintan Dave, Advocates ORDER Manorama Kumari, Member (J) 1. The instant Applications are filed by the Applicant/State Tax Officer-1 with the prayer to issue appropriate directions to the Resolution Professional to ensure the payment of dues of Applicant as Secured Creditors as provided under the provi....

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....t of the payment of dues arising under any law for the time being in force and payable to the Central Government, any State Government or any local authority; "Financial Creditor" means any person to whom a financial debt is owed and includes a person to whom such debt has been legally assigned or transferred to; 3. On perusal of the definition as stated herein above, it is clear that ....

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....t, "...Therefore, considering Section 238 of the IBC, which is a subsequent Act to the Tea Act, 1953, shall be applicable and the provisions of the IBC shall have an over-riding effect over the Tea Act, 1953. Any other view would frustrate the object and purpose of the IBC. If the submission on behalf of the appellant that before initiation of proceedings under Section 9 of the IBC, the consent of....

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....in Swiss Ribbons Pvt. Ltd, & Anr. vs. Union of India & Ors. [Writ Petition (Civil) No. 99 of 2018 wherein it is inter alia observed that "an 'Operational Debt" would include a claim in respect of the provision of goods or service, including employment, or a debt in respect of payment of goods or services, including employment, or a debt in respect of payment of dues arising under any law and p....