Department Of State Tax vs Topworth Pipes & Tubes Private Limited & ...
- CitationCompany Appeal (AT)(Insolvency) No. 479 of 2022
Ratio decidendi
The rule this decision rests on
The appeal is dismissed by following the Tribunal's earlier decision in Company Appeal (AT)(Ins.) No. 246/2022, which the court treats as fully covering the same issue; the reasoning on the merits is contained in that earlier judgment, not in this order.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
IN THE MATTER OF: Department of State Tax Through the Dy. Commissioner of State Tax ...Appellant
Versus
Topworth Pipes & Tubes Pvt. Ltd. & Ors. ...Respondents
Present:
For Appellant : Mr. Rahul Chitnis and Mr. Aaditya Pande, Advocates
For Respondents : Sharmistha Ghosh, Ms. Palak Nenwani, Ms. Aditi Sinha, Advocates for R-1 & R-3 Ms. Honey Satpal, Advocate for R2.
ORDER
24.02.2023: Heard Learned Counsel for the Appellant.
This appeal has been filed against the order of the Adjudicating
Authority dated 09.03.2021 passed by 'National Company Law Tribunal,
Mumbai Bench, Court No. 1 by which Adjudicating Authority has
extinguished the claim of the Appellant, the Department of State Tax.
2. Learned Counsel for the Appellant sought to contend that Appellant's
claim should be treated as Secured Creditor's claim and the Adjudicating
Authority committed error.
Company Appeal (AT)(Insolvency) No. 479 of 2022
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3. The similar issue has already been considered by this Tribunal and
rejected in Company Appeal(AT)(Ins.) No. 246/2022 decided on 07.02.2023.
This appeal is fully covered by the judgement of this Tribunal dated
07.02.2023. Following the said judgement, this appeal is dismissed.
[Justice Ashok Bhushan] Chairperson
[Mr. Barun Mitra] Member (Technical) ss/nn
Company Appeal (AT)(Insolvency) No. 479 of 2022
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