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2022 (7) TMI 243 - HC - Insolvency and BankruptcyValidity of assessment orders which is part of the resolution plan sanctioned by NCLT - Recovery of demand - it is submitted that that if the State respondents were aggrieved with the order of NCLT, they could have challenged it in appeal before Appellate Tribunal but they cannot be allowed to raise any objection against the sanctioned Scheme in writ petition filed by the petitioners herein praying to quash the impugned assessment orders and notices - HELD THAT:- It is undisputed that a resolution plan was prepared after following due procedure as provided under the IBC, 2016 which was submitted to the Committee of Creditors on 3.2.20218 and was approved by the Committee of Creditors under the IBC, 2016 on 23.3.2018. The NCLT approved the resolution plan with some modification on 15.5.2018. The demand created under the impugned assessment orders which is part of the resolution plan sanctioned by NCLT, therefore in view of the law settled by the Hon'ble Supreme Court in the case of Ghanshyam Mishra [2021 (4) TMI 613 - SUPREME COURT], it cannot be recovered from the petitioners. It was held in the case of Ghanshyam Mishra [2021 (4) TMI 613 - SUPREME COURT] that Consequently all the dues including the statutory dues owed to the Central Government, any State Government or any local authority, if not part of the resolution plan, shall stand extinguished and no proceedings in respect of such dues for the period prior to the date on which the Adjudicating Authority grants its approval under Section 31 could be continued. The controversy involved in the present writ petitions is squarely covered by the judgement of the Hon'ble Supreme Court in the case of Ghanshyam Mishra and therefore these writ petitions deserve to be partly allowed - all these writ petitions are partly allowed to the extent that the demands created under the impugned assessment orders and the demands as may be created or have been created pursuant to the impugned notices, shall not be recovered from the petitioners as the dues would stand extinguished. Petition allowed in part.
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