2021 (8) TMI 1340

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..... Standing Counsel. For the Respondent: Mr. Vaijayant Paliwal, Mr. Charu Bansal, Ms. Salonee Kulkarni, Ms. Kriti Kalyani, Advocates for R-1, RP. ORDER (Virtual Mode) Heard Learned Counsel for the Appellant in both these Appeals. 2. This Appeal has been filed by the Deputy Commissioner of GST and Central Excise against the Impugned Order dated 09th June, 2020 in I.A. No. 1863/MB.II/2019 in CP (IB) No. 302/MB.II/2018 passed by the Ld. Adjudicating Authority (National Company Law Tribunal, Mumbai Bench -II). By the Impugned Order, the Adjudicating Authority approved the Resolution Plan submitted by Respondent No. 2- UV Asset Reconstruction Company Ltd. 3. The Learned Counsel for the Appellant submits that the Appellant had no....

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....ority and although the particulars of dues would be available with the Corporate Debtor, the claims were not provided for in favour of the Appellant and instead Relief was granted against the actions taken by the Appellant. 5. This Appeal is arising out of same common Impugned Order dated 09th June, 2020 in which I.A. No. 1865/MB.II/2019 in CP (IB) No. 300/MB.II/2018 was dealt with in the matter of Corporate Debtor-Aircel Cellular Limited. The Learned Counsel for the Appellant submits that by the common Impugned Order, the Adjudicating Authority dealt with Resolution Plans of three companies. The present Appeal is with regard to the Aircel Cellular Limited. 6. The Impugned Order was passed by the Adjudicating Authority (National Compa....

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....ated that this happened due to Covid-19 situation and by the time, the Appellants in both these Appeals filed claims under IBC for the Operational Dues, the Resolution Plan had already been approved. 10. We have gone through the Appeals and although it is stated that collectively Hundred Crores are involved with regard to both the Appeals, the fact remains that till the Resolution Professional was approved no claim was submitted by the Appellants in both these Appeals. The Impugned Order shows that these were proceedings arising out of Company Petitions of 2018 and thus the excuse of Covid-19 which attracted Lockdown in March, 2020 is not appealing. 11. The Hon'ble Supreme Court in the matter of "Ghanshyam Mishra & Sons Pvt. Ltd. thro....