2026 (5) TMI 71

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....AURAV, J. (ORAL) 1. The petition has been filed for the grant of the following reliefs: "i. Issue of a writ, order or direction, especially issuance a writ Mandamus to declaring the demand notices are illegal and arbitrary and setting aside each of the following demand notices issued by the respondents that pertains to the period much prior to the CIRP date i.e. 25/07/2017. ii. The each Noticed/Demands/Orders by the Respondents is as mentioned below: a. Demand notice dated 24.12.2018 Respondent No. 3 pertaining to period 2009-10 for a sum of Rs. 50, 00,000/- i.e. prior to the CIRP date (25.07.2017) and the same shall be waived off or quashed. b. The notice from the Respondent No.4/Income Tax Department....

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....n the facts of the case. vi. Filing of certified copies of Annexures be dispensed with and permit the petitioners to file photocopies of Annexures. vii. Service of advance notice of the Writ Petition (C) on the Respondents may be dispensed with. viii. Summon the record of the case." 2. It is the case of the Petitioner No. 1 company that Corporate Insolvency Resolution Process (hereinafter, "CIRP") was initiated against it under the provisions of the Insolvency and Bankruptcy Code, 2016 (hereinafter, "IBC") vide Order dated 25.07.2017, passed by the National Company Law Tribunal, New Delhi (hereinafter, "NCLT"). Petitioner No. 2 herein is the Successful Resolution Applicant (hereinafter, "SRA") in the said CIRP.....

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....07.2021, passed during the pendency of the instant petition, this Court has effectively captured the main controversy of the matter. The relevant para of the Order dated 22.07.2021 is extracted below: "2. The primary contention of the petitioners is that once the resolution plan in respect of petitioner no. 1 stands approved by the NCLT on 04.12.2018, no demands in respect of dues allegedly payable by the petitioner No. 1 for a period prior to the initiation of the Corporation Insolvency Resolution Process (CIRP) dated 25.07.2017 could be raised thereafter." 5. It is, thus, seen that the sole grievance of the petitioners is that the respondents herein have issued the impugned demand notices against Petitioner No. 2, claiming due....

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....r any local authority, if not part of the resolution plan, shall stand extinguished and no proceedings in respect of such dues for the period prior to the date on which the Adjudicating Authority grants its approval under Section 31 could be continued." 6. Further, reliance is also placed on the judgement of the Supreme Court in Essar Steel India Ltd. Committee of Creditors v. Satish Kumar Gupta (2020) 8 SCC 531., wherein the following observations were made in para 7: "107. For the same reason, the impugned Nclat judgment [Standard Chartered Bank v. Satish Kumar Gupta, 2019 SCC OnLine NCLAT 388] in holding that claims that may exist apart from those decided on merits by the resolution professional and by the Adjudicating Author....

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....ment of the Division Bench in National Sewing Thread Company Limited v. Deputy Commissioner Order dated 24.06.2024W.P.(C) 8679/2024. Para 14 of the said decision is extracted as under: "14. Reading of the aforesaid order, clearly shows that the law is well settled that once a Resolution Plan is approved by the COC, it shall be binding on all the stakeholders. Thus, the successful Resolution Applicant starts running the business of the Corporate Debtor on a fresh slate. Considering the aforesaid, the impugned Assessment Order dated 22nd May, 2024 as well as the Notice dated 23rd May, 2024, cannot stand in the eyes of the law." 9. A combined reading of the abovementioned judgements would indicate that once a Resolution Plan has be....