2023 (11) TMI 837

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.... Order-in-Appeal No.70/2010 dated 31.3.2010   2 C/1522/2010 3 C/1524/2010 4 C/1526/2010 5 C/1527/2010 6 C/2965/2012 Order-in-Original No.10/2012-Commr. dated 31.7.2012 Since the issue involved in all these appeals are same, they are taken up together for disposal. 2. Revenue being aggrieved by the Orders of the learned Commissioner (Appeals)/Commissioner, on various grounds, under Section 129A of the Customs Act, 1962. 3. During the pendency of these Appeals, it is brought on record that, Standard Chartered Bank filed a petition under Section 7 of Insolvency and Bankruptcy Code, 2016 (in short, "IBC, 2016") as the Financial Creditor for initiation of Corporate Insolvency Resolution Proces....

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....eel India Ltd - 2023 (2) TMI 231 - CESTAT AHMEDABAD 3) M/s Jet Airways India Ltd vs. CST, Mumbai-V - 2023 (5) TMI 767 - CESTAT MUMBAI 4) M/s Bhushan Power & Steel Ltd vs. CCE, Kolkata-IV - 2023 (5) TMI 184 - CESTAT KOLKATA 5) M/s Alok Industries Ltd vs. CCE, Belapur & Mumbai - 2022 (10) TMI 801 - CESTAT MUMBAI 6) M/s Murli Industries Ltd vs. CCE, Nagpur - 2022 (11) TMI 289 - CESTAT MUMBAI 6. The issue involved in present appeals is: whether the respondents are entitled to continue with the Appeals and claim relief after Order of NCLT approving the resolution plan has been passed. 7. Undisputedly, during the pendency of the appeals, necessary orders have been passed 8th December, 2017 by the Hon'ble ....

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....: "4.4 ---------------- Learned advocate has labored to explain why this rule should not be made applicable in his case. However, in view of the fact as stated in the para 4.2 and 4.3 above we are of the view that moment the successor interest with sufficient rights to be represented is appointed by the NCLT this rule will become applicable and it is for the successor interest to make an application for continuance of the proceedings. In the present case no such application has been filed by the successor interest for the continuance of the proceedings and hence the appeal stands abated by the operation of this rule. 4.5 ............................ 4.6 There is no dispute to the binding nature of the res....

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.... appeals have abated the miscellaneous application filed by the applicant/appellant does not survive." 10. Similar view has been expressed by other Benches of this Tribunal in the cases cited by the ld. A.R. for the Revenue i.e.(i) M/s. MC Nally Sayaji Engineering Limited vs. CCGST, Bolpur -2023 (4) TMI 1076 - CESTAT KOLKATA; (ii) CCE & ST, Surat-II vs. Arcelormittal Nippon Steel India Ltd - 2023 (2) TMI 231 - CESTAT AHMEDABAD; (iii) M/s Jet Airways India Ltd vs. CST, Mumbai-V - 2023 (5) TMI 767 - CESTAT MUMBAI; (iv)M/s Bhushan Power & Steel Ltd vs. CCE, Kolkata-IV - 2023 (5) TMI 184 - CESTAT KOLKATA; (v)M/s Murli Industries Ltd vs. CCE, Nagpur - 2022 (11) TMI 289 - CESTAT MUMBAI. 11. In the respondent's own case, the Hon'ble Gujarat ....