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Joint Commissioner Of State Tax vs Shetkari Sakhar Karkhana Chandapuri ...

National Company Law Appellate Tribunal2 December 2021

Ratio decidendi

The rule this decision rests on

The approval of a resolution plan under the Insolvency and Bankruptcy Code is not vitiated merely because a government creditor, such as a state tax authority, receives only a fraction of its claim (here 4.98%) under the plan, where the adjudicating authority has considered the plan and the allocation to that creditor was made as the plan provided, so that the shortfall alone is no ground for setting aside the approval.

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

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNAL, PRINCIPAL BENCH, NEW DELHI Company Appeal (AT) (Ins) No. 568 of 2021 IN THE MATTER OF: Joint Commissioner of State Tax ...Appellant Vs. Shetkari Sakhar Karkhana (Chandapuri) Ltd. & Anr. ...Respondents

Present: For Appellant: Mr. Rahul Chitnis, Mr. Aaditya Pande, Advocates For Respondent: Mr. CS Prashant Thakre, Mr. CS Sanjay Patare, Advocates for R1 Mr. Durgaprasad Halwai, Mr. Karl Shroff, Advocates for R2

ORDER

(Through Virtual Mode)

02.12.2021: 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, Court-I dated 22.01.2021 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.21,08,000/- out of which in the

Resolution Plan only 4.98% 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, 4.98%

of claim was allocated and paid as per the Resolution Plan.

Company Appeal (AT) (Ins) No. 568 of 2021 1

2. 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 4.98% 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) Shashi/nn

Company Appeal (AT) (Ins) No. 568 of 2021 2

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