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Department Of State Tax vs Trimax It Infrastructure & Services ...

National Company Law Appellate Tribunal30 November 2021

Ratio decidendi

The rule this decision rests on

A creditor's dissatisfaction with the quantum of its claim recovered under an approved resolution plan is not, by itself, a ground for setting aside the Adjudicating Authority's approval of that plan; the Appellate Tribunal found no error in the approval where the claimant received a fractional share of its claim as allocated under the plan and the plan had already been implemented.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNALPRINCIPAL BENCH, NEW DELHICompany Appeal (AT) (Insolvency) No. 971 of 2021IN THE MATTER OF:

Department of State Tax ...Appellant

Versus

Trimax IT Infrastructure & Services Ltd. & Anr. ...Respondents

Present: For Appellant: Mr. Rahul Chitnis and Mr. Aaditya Pande, Advocates. For Respondents: Ms. Udita Singh, Advocate for R-2.

ORDER

(Virtual Mode)

30.11.2021: Heard Shri Rahul Chitnis, Learned Counsel for the Appellant.

This Appeal has been filed against the order passed by the Adjudicating Authority

(National Company Law Tribunal) Mumbai Bench-I (Special Bench) dated

04.05.2020 by which the Application filed by the Resolution Professional for

approval of the Resolution Plan has been allowed. The Appellant before us is

Department of State Tax who has also filed their claim regarding Value Added

Tax, Central Sales Tax as well as GST. Total claim was Rs.260,40,09,899/- out

of which in the Resolution Plan only 4.88% was paid to the Appellant. The

Resolution Plan has been approved by the Adjudicating Authority after

considering all aspects of the matter. It is also not disputed that with regard to

claim of the Appellant, 4.88% of claim was allocated and paid as per the

Resolution Plan.

Cont'd.../ 2

2. It has also been pointed out by Learned Counsel for the Respondent that

Resolution Plan has already been implemented in July, 2020.

3. We do not find any error in the judgment of the Adjudicating Authority

approving the Resolution Plan. The mere fact that the Appellant could receive

only 4.88% of their clam in the Resolution Plan could not be a ground to set aside

the acceptance of Resolution Plan. We do not find any merit in the Appeal. The

Appeal is dismissed.

[Justice Ashok Bhushan] Chairperson

[Justice Jarat Kumar Jain] Member (Judicial)

[Dr. Alok Srivastava] Member (Technical) Archana/nn.

Company Appeal (AT) (Insolvency) No. 971 of 2021

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