2025 (2) TMI 1170

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....hri R. Vimal Kumar, Assistant Manager (F&A) For the Respondent : Shri N. Satyanarayanan, Authorized Representative ORDER PER M. AJIT KUMAR These appeals are filed Order in Appeal No. 1 & 2/2017 (CXA-II) dated 10.1.2017 passed by the Commissioner of Central Excise (Appeals - II), Chennai. 2. During the hearing of the case on 19.02.2025, the representative of the appellant-compan....

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....take note of the fact that the NCLT, Chennai has approved Resolution Plan vide its order No. 25/27-June 2019. The Hon'ble Supreme Court in the case of Ghanashyam Mishra & Sons Pvt. Ltd. Vs Edelweiss Asset Reconstruction Company Ltd. - (2021) 9 SCC 657 has held that all dues including the statutory dues owed to the Central Government any State Government or any local authority including ta....

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....so records that "Since the Resolution Plan has been approved, as per para 8 of the Resolution Plan, all claims shall stand irrevocably and unconditionally settled, discharged and extinguished in perpetuity". I am unable to pass an order on the same lines as I am of the opinion that this Tribunal lacks the jurisdiction to render an opinion on a matter relating to the settling of pending claims whic....

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.... the decision of the Hon'ble Apex Court in the case of Ghanashyam Mishra and Sons Pvt. Ltd. Vs. Edelweiss Asset Reconstruction Company Ltd. & Ors. [Civil Appeal No. 8129 of 2019 dated 13.04.2021]. 6. It is a well-accepted norm of judicial discipline that a Bench of lesser quorum / strength should follow the view taken by Bench of larger quorum / strength, in a case whose ratio covers the l....