Home Case Index All Cases Customs Customs + SC Customs - 2022 (3) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (3) TMI 60 - SC - CustomsApplicability of N/N. 38 of 2002-Cus (N.T.) dated 13th June, 2002 - imported goods consisting of 1647.414 metric tonnes of crude palmolein - whether the claim of the present respondent which was admittedly not lodged before the Resolution Professional after public notices were issued under Sections 13 and 15 of the IBC could be considered at this stage? - HELD THAT:- Admittedly, the claim in respect of the demand which is the subject matter of the present proceedings was not lodged by the respondent no. 2 after public announcements were issued under Sections 13 and 15 of the IBC. As such, on the date on which the Resolution Plan was approved by the learned NCLT, all claims stood frozen, and no claim, which is not a part of the Resolution Plan, would survive. In that view of the matter, the appeals deserve to be allowed only on this ground. It is held that the claim of the respondent, which is not part of the Resolution Plan, does not survive. The amount deposited by the appellant at the time of admission of the appeals along with interest accrued thereon is directed to be refunded to the appellant. Appeal allowed.
|