2024 (9) TMI 1885

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....s gone into Insolvency and the Resolution Plan has been approved by order dated 24.07.2018 passed by National Company Law Tribunal, Mumbai Bench. The copy of said resolution plan has been placed on record by the appellant with a prayer for the present appeal to abate. No objection has been endorsed by ld. DR. 2. Having heard the said submissions of both the parties, we have perused the decision of Hon'ble Apex Court in the case of Ghanashyam Mishra and Sons Private Ltd. through the Authorised Signatory vs. Edelweiss Asset Reconstruction Company Ltd. through the Director and Ors., (2021) 9 SCC 657 wherein it has been held as follows:- "102.1. That once a resolution plan is duly approved by the adjudicating authority under sub-sec....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... the statute, to digress and distinguish the specific objectives of the court. The Instruction has laid down the guidelines (SOP) for NCLT cases. The said instructions at para-1 and 2 records as follows:- "Subject: Standard Operating Procedure (SOP) for NCLT cases in respect of the Insolvency and bankruptcy Code (IBC) reg I am directed to inform the Insolvency and Bankruptcy Board of India has requested that role of GST and Customs authorities in certain key Issues under the Insolvency and bankruptcy Code, 2016 needs to be formulated. Further, GST and Customs Authorities have been classified as operational creditors and are required to submit their claims against corporate debtors when the Corporate insolvency and resolution proces....