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2018 (10) TMI 1717

..... the Government under section 16G(1)(c) of the Tea Act, 1953 - section 9 of the Insolvency and Bankruptcy Code, 2016 - HELD THAT:- Section 16G(1)(c) of the Tea Act states that no proceeding for the winding up of such company or for the appointment of receiver in respect thereof shall lie in any court except with the consent of the Central Government. This provision is applicable to tea companies of which the management is taken over by the Central Government or Tea Board before investigation of affairs of such company or otherwise. In this case, admittedly by Notification No. S. O. 260(E), dated January 28, 2016, Tea Board of India (Ministry of Commerce and Industries) has taken over the affairs and management of the corporate debtor tea com .....

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..... It is also contended that vide Notification dated January 28, 2018 the Government of India has taken over the affairs of the corporate debtor company. Hence, the petition is not maintainable. They also raised a dispute about the quality of materials supplied. 3. Since the amount claimed was not paid by the corporate debtor, this petition to start the CIRP is filed. 4. The corporate debtor is served with the copy of this petition. They filed affidavit-in-reply. Besides the above contention as raised by them in the notice to reply, they additionally contended that similar application was filed by the operational creditor against them, which has been rejected by this authority by an order dated August 17, 2017. The second petition for the same .....

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..... e operational creditor submitted that the provisions of section 16G(1)(c) of the Tea Act, 1953 are not applicable in this case for two reasons-(i) that the affairs of the corporate debtor are no more under the control of the Government and hence consent is not required ; and (ii) the provisions of section 16G(1)(c) of the Tea Act also not applicable in view of provisions of section 238 of the I and B Act. Moreover, intimation of Government Notification dated January 28, 2016 is stayed by the hon'ble High Court. 8. I have gone through the order of the hon'ble High Court wherein the above notification is challenged. It appears that validity of the notification dated January 28, 2016 is still under the consideration of the hon'ble .....

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..... d tea companies. It provides the control of cultivation of tea and arrangement of Tea Board, etc. Whereas the provisions of the I and B Code deals with general provisions relating to insolvency and bankruptcy of the companies as well as individuals in India. Both statutes do not occupy one and same field. There are no inconsistent provisions in the Tea Act, 1953 which may give overriding effect of provisions of the I and B Code. Hence, I hold that provisions of section 238 of the I and B Code has no application in this case. 11. It is also brought to my notice by learned counsel for the corporate debtor that now the Central Government has initiated the process of sale of tea estates and expression of interest is called for. Be that as it ma .....

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