TaxTMI 
TaxTMI 
2026 (10) TMI 316
X X X X Extracts X X X X
X X X X Extracts X X X X
....oner's Importer Exporter Code ("IEC") No. 0296013242 vide multiple impugned orders dated 05.04.2023 and 05.09.2023. 2. It is the case of the petitioner that, the aforesaid orders were issued in relation to various Advance Authorisations and EPCG Authorisations granted to the Petitioner, on account of alleged non-fulfilment of export obligations and/or non-submission of documents evidencing discharge of such obligations. The DEL proceedings arose from the alleged defaults in respect of these authorisations, pertaining to the Petitioner's manufacturing units at Agra, Uttar Pradesh and Alwar, Rajasthan. The consequence of the DEL status is that the Petitioner is denied the issuance or renewal of certain licences, authorisations and ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....tled at Nil. 6. It has thus been urged that the same demonstrates that liabilities, which were the basis of imposing the status of DEL, pre- CIRP, stood extinguished upon approval of the aforesaid Resolution Plan and the consequent change in management/control of the Petitioner. The Petitioner states, that it submitted representations starting September 2025 apprising the Respondents of the learned NCLT approval order and seeking removal of the DEL status. However, despite repeated representations, the Respondents failed to remove the DEL status. 7. This Court vide interim order dated 26.05.2026, had permitted the Petitioner to execute/implement/adhere to a supply order dated 17.12.2025 (revised on 09.02.2026), which had been received....
X X X X Extracts X X X X
X X X X Extracts X X X X
....of the authorities situated in Delhi. Hence, it cannot be said that only the Courts situated in Kanpur/Uttar Pradesh would have the requisite jurisdiction. 10. On the aspect of availability of an alternate remedy, it is well- settled that a writ is maintainable even if an alternate remedy exists and the existence of such remedy does not strip away the constitutional powers of this Court. 11. The objection of non-impleadment of DGFT, Kanpur is also not sustainable as the Counter Affidavit filed on behalf of Respondent No. 1/ Union of India and Respondent No. 2/ DGFT Headquarters, Delhi, has been filed by Mr. Alok Dwivedi, Joint Director General of Foreign Trade in the Office of DGFT, Kanpur. 12. Insofar as the merits are concerned, ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....NTEREST RS. 20 IS ALSO PENDING AND SAME IS ALSO TO BE COUNTED AS A PART OF GOVT DUES. The amount of Claim to be filed before CIRP in respect of M/s Kotsons Private Limited (IEC 0296013242) Name of Scheme Authorisation Number and Date of issue of Autorisation Duty saved amount as per information provided in the application at the time of filing application Interest Total Interest (INR) Total Claim Interest rate at 18% till 31.03.2016 from the date Interest rate at 15% after 01.04.2016 till 09.06.2023 AA 610035776 dt.8-1-14 21394907.57 6414955.30 23080122.89 29495078.19 50889985.76 AA 610037340 dt. 07-5-14 11923002.00 3733696.24 12862142.57 16595838.81 28518840.81 A....
X X X X Extracts X X X X
X X X X Extracts X X X X
....t of the Respondents stood settled at nil. The relevant extract of the terms Resolution Plan is reproduced herein below:- 3 Operational Creditors (a) Related Party of Corporate Debtor 0 0 0 0% (b) Other than (a) above: (i) Government dues 28,66,81,472.83 16,56,25,349.83 71,32,907 2.48% * EPFO Jaipur 87,00,394 71,32,907 71,32,907 81.98% * ESI Jaipur 13,13,588 13,13,588 * DGFT Kanpur 15,66,43,604.83 15,66,43,604.83 *Custom (Agra, Tughlakabad) 11,94,88,636 0 0 0....
X X X X Extracts X X X X
X X X X Extracts X X X X
....1) of the IBC specifically provides that once a resolution plan is approved by the Adjudicating Authority/NCLT, it becomes binding on all stakeholders, including creditors, employees, governments, and local authorities. The underlying objective is to enable the successful resolution applicant to take over and operate the corporate debtor as a going concern, without being burdened by antecedent claims and liabilities, thereby providing finality to the resolution process and avoiding a proliferation of litigation arising from unresolved claims pertaining to the period preceding the resolution. 17. Considering the conspectus of facts placed forth, this Court is of the opinion that continuing an administrative disability like the DEL status,....