2024 (9) TMI 173

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....r>HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE PARTHA SARTHY For the Petitioners : Mr. Abhinav Mishra, Advocate Ms. Nivedita Chauhan, Advocate Mr. Kunal Tiwary, Advocate Ms. Komal Singh, Advocate Ms. Jagriti Dosi, Advocate For the Respondents : Mr.Vikash Kumar, SC-11 JUDGMENT ( Per : HONOURABLE THE CHIEF JUSTICE ) The writ petition is filed by an assessee which is under liquidation by orders of the National Company Law Tribunal (for brevity 'NCLT') Chandigarh Bench, Chandigarh. The Liquidator who represents the assessee has been appointed as per Annexure-2 order dated 06.02.2020 passed by the NCLT. The Liquidator representing the assessee has come before this Court with the writ petition challenging the re-assessme....

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....y is in liquidation. It is also pointed out from the judgment in ABG Shipyard Liquidator (supra) that the clear direction is that only when there is a moratorium under Section 14, there could be a stay of recovery. Since the liquidation has commenced, there is no further moratorium, is the contention. 4. With respect to the claim for recovery we have to only look at the operative portion of ABG Shipyard Liquidator (supra) and we extract from Paragraph No. 57: 57. On the basis of the above discussions, following are our conclusions: 57.1. Once moratorium is imposed in terms of Sections 14 or 33(5) of the IBC as the case may be, the respondent authority only has a limited jurisdiction to assess/determine the quantum of cu....

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....was without getting an approval from the NCLT. When the objection was raised, the Liquidator had approached the NCLT for ex post facto approval which was denied. An appeal to the National Company Appellate Tribunal, however, found favour with the contention and declared the writ petition filed to be one with proper approval as granted by the Appellate Tribunal. 8. On the totality of the circumstances, we are of the opinion that the Liquidator should be noticed and participated in the re-assessment proceedings. Only for violation of principles of natural justice, we set aside the Annexure-C order without going into the merits of the matter. The Liquidator shall appear before the Assessing Officer on 21.08.2024 after filing proper objectio....