TaxTMI 
TaxTMI 
2021 (3) TMI 250
X X X X Extracts X X X X
X X X X Extracts X X X X
...., Advocate ORDER V. Nallasenapathy, Member (T) 1. This is an Application by the Successful Resolution Applicant of the Corporate Debtor praying for the following reliefs: i. The Sugar Commissioner, Maharashtra State be directed to intimate the Collector/Sub-Divisional Officer/Gram Panchayat/Talathi of Parbhani to forthwith remove the entry of the Government of Maharashtra on the 7/12 Extracts of Maharashtra Shetkari Sugar Limited existing on GAT Nos. 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 431, 432, 433, 434, 435, 437, 438, 439, 440, 445 and 446; ii. In the alternative, directions be issues to Collector/Sub Divisional Officer/Gram Panchayat....
X X X X Extracts X X X X
X X X X Extracts X X X X
....e Debtor failed and neglected to pay Fair Remunerative Price (FRP) to the extent of more than Rs. 10 Crores to the farmers who supplied sugarcane to the erstwhile Corporate Debtor. 6. The Respondent No. 1 (R1) by an order dated 03.06.2015 and 18.05.2016 issued Revenue Recovery Certificate (RRC) against the Corporate Debtor for a sum of Rs. 4,22,70,000/- for the period of 2015-2016 towards outstanding FRP dues of farmers and also created charge on the plots bearing GAT Nos. 406-429, 431-435, 437-440, 445 and 446 belonging to the Corporate Debtor. Consequently, a charge has been noted in the Land Revenue Records by the concerned authority. 7. The R1 filed reply to the Application and submitted that the Corporate Debtor failed to pay the....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ut of the RRC amount of Rs. 4.23 Crores. 8. The applicant submits that the resolution plan as approved by the CoC, which is confirmed by this Tribunal proposed the following payment aggregating to a sum of Rs. 109,40,91,222/- Sr. No Particulars of Claim Types of Claim Admitted Amount (INR) Settlement Amount Provided under Resolution Plan (INR) 1. CIRP Costs 60,00,000 60,00,000 2. Financial Creditors Secured 4,69,47,51,648 90,00,00,000 3. Interest to Financial Creditors NA 15,99,41,619 4. Farmers Claim Unsecured 10,94,71,487 2,00,00,000 5. Statutory Dues Unsecured 1,60,79,776 8,03,989 6. E....
X X X X Extracts X X X X
X X X X Extracts X X X X
....dated 22.06.2020. ................ Vide the Order of the Sugar Commissioner dated 18.05.2016 in respect of recovery of Sugarcane rate arrears of Rs. 422.47 Lakh as per FRP in the Crushing season of 2015-16 of the factory of Maharashtra Shetkari Sugars Ltd., Uttar Nagar, Tal. Sonpeth, Dist, Parbhani, RRC action has been taken and your office has been authorised. As informed vide the letter under reference in respect of the same, the report is being submitted as under, as per the discussion held in the meeting held in your office on 25.6.2020. 1. Vide Order OW No. SC/Kaksha-7/Arth.1/RRC/169/2015 dated 03.06.2015, of the Sugar Commissariat, Order of R.C. was issued in respect of recovery of the Sugar Cane ra....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... Nagar, Tal. Sonpeth, Dist Parbhani, the amount of Rs. 50.00 lakh (Rupees Fifty Lakh only) has been deposited with this Office. Distribution of the said amount is still pending. 4. In the meanwhile, as per the Judgment given by the National Company Law Tribunal, Mumbai Bench on 07.11.2019, in matter No. MA 3199/2019 in CP (IB) 1767/MB/2017 of Union Bank of India Vs. Maharashtra Shetkari Sugars Ltd., Twenty one Sugars Limited and Tejas Construction purchased by the Maharashtra Shetkari Sugars Limited and Infrastructure Pvt. Ltd. (Resolution Applicant) has to pay the amount of Rs. 2,00,00,000.00 against the farmers claim as per settlement amount provided under Resolution Plan (INR) as per Point No. 14 of the said order, as per point ....