2020 (10) TMI 865

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... of the case are as under: 2.1. An application IA 668 of 2019 was filed for restoration of IA 469 of 2019 along with the delay condonation application bearing No. IA 667 of 2019. IA 469 of 2019 was dismissed for non-prosecution by the Adjudicating Authority vide its Order dated 20.08.2019. In view of that, the instant applications are filed for restoration of IA 469 of 2019. 2.2. It is further submitted that the said order was received on 24.09.2019 and due to administrative procedure, the Application for restoration could not be filed in time. Consequent upon which, there were/are 25 days' delay in filing restoration application which is required to be condoned. 2.3. It is needless to mention herein that the IA 469 of 2019 was....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....y of "Operational Debt". That apart, the applicant is claiming that in view of the provision of section 48 of Gujarat Value Added Tax, 2003, he may be treated as Secured Creditor. This contention of the Applicant is also not maintainable in view of the definitions stated hereinabove as also in view of section 238 of the IBC which read as under: "Section 238 of the IBC shall have effect, notwithstanding, anything in consistent therewith contained in any other law for the time being in force any instrument having effect by virtue of any such law." 5. The Hon'ble Supreme Court in Civil Appeal No. 5120/2019, Duncans Industries Ltd. V/s A.J. Agrochem observed that, "...Therefore, considering Section 238 of the IBC, which is a sub....