2022 (3) TMI 862

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....r the Appellant Shri Sanjay Hasija, Superintendent, Authorised Representative for the Respondent ORDER This matter has been listed for final hearing today. 2.1 We have heard Shri Rajesh Ostwal, Advocate, for the appellant and Shri Sanjay Hasija, Superintendent, Authorised Representative for the Revenue. 2.2 Learned counsel appearing for the appellant submits that Resolution Plan dat....

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....t the order of NCLT was dismissed by the National Company Law Appellate Tribunal (NCLAT) vide its order dated 24.01.2020. This order of NCLAT has been accepted by the Revenue as is evident from the letter dated 25.01.2021 of the Superintendent (Legal), CGST & Central Excise, Nagpur-I. 2.3 In view of the above position and the decision of the Hon'ble Supreme Court in the case of Ghanashyam Mishr....

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....uthority is bound by the Resolution Plan once it is approved by an adjudicating authority under sub-section (1) of Section 31 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as 'I&B Code')?  (ii) As to whether the amendment to Section 31 by Section 7 of Act 26 of 2019 is clarificatory/declaratory or substantive in nature? (iii) As to whether after approv....

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.... On the date of approval of resolution plan by the Adjudicating Authority, all such claims, which are not a part of resolution plan, shall stand extinguished and no person will be entitled to initiate or continue any proceedings in 104 respect to a claim, which is not part of the resolution plan; (ii) 2019 amendment to Section 31 of the I&B Code is clarificatory and declaratory in nature ....