TMI Blog2021 (2) TMI 302X X X X Extracts X X X X X X X X Extracts X X X X ..... ruptcy Code, 2016, the present writ petition cannot be entertained. Petition disposed off. - W. P. (T) No. 917 of 2018 - - - Dated:- 3-2-2021 - Hon'ble Mr. Justice Aparesh Kumar Singh And Hon'ble Mrs. Justice Anubha Rawat Choudhary For the Petitioner : M/s. Nitin Kumar Pasari Sidhi Jalan, Advs For the Respondents : Mr. Amit Kumar, Advocate ORDER Heard learned counsel for the parties. 2. Writ petition was preferred on 19th February, 2018 with the following prayers: a) For issuance of an appropriate writ, order or direction, directing upon the Respondents to show cause as to how, the consumption of coal when declared in the Returns (Monthly Annually) and on the basis of which central excise duty ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fidavit has been filed by the Interim Resolution Professional on 18th January, 2021. It has been brought to the notice of this Court that the company has gone into insolvency proceedings before the National Company Law Tribunal, Kolkata Bench on the application of one Operational Creditor M/s. Rahul Carbon Commercial Private Limited. By order dated 20th November, 2019 (Annexure-1 to the supplementary affidavit) Interim Resolution Professional has been appointed. The operative part of the order reads as under: 7. In view of the above discussion, we admit the application and order as under: - i. The application filed by the Operational Creditor under section 9 of the Insolvency Bankruptcy Code, 2016 for initiating Corporate Insolvency ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or in the possession of the corporate debtor. v. The supply of essential goods or services to the corporate debtor as may be specified shall not be terminated, suspended, or interrupted during moratorium period. vi. The provisions of sub-section (1) shall not apply to such transactions as may be notified by the Central Government in consultation with any financial sector regulator. vii. The order of moratorium shall have effect from the date of admission till the completion of the corporate insolvency resolution process. viii. Provided that where at any time during the corporate insolvency resolution process period, if the Adjudicating Authority approves the resolution plan under sub-section (1) of Section 31 or passes an order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... olvency Bankruptcy Code, 2016, the writ petition cannot be pursued any further at this stage. At the end of the Corporate Insolvency Resolution Process, the Adjudicating Authority may approve the resolution plan under sub-section (1) of Section 31 or passes an order for liquidation of corporate debtor under Section 33. The moratorium shall cease to have effect to the date of such approval or liquidation order, as the case may be. 5. Learned counsel for the Respondent-Central Excise and Service Tax Department submits that the department has also raised its claim before the Interim Resolution Professional in the instant resolution process. 6. Upon hearing learned counsel for the parties and taking note of the Insolvency Resolution Pro ..... X X X X Extracts X X X X X X X X Extracts X X X X
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