TMI Blog2021 (3) TMI 250X X X X Extracts X X X X X X X X Extracts X X X X ..... the resolution applicant takes over all the assets of the Corporate Debtor and is liable to make payment to the Financial Creditors, Operational Creditors etc. as agreed in the resolution plan which has been approved by the CoC and subsequently final seal of approval is given by this Tribunal as provided under Section 31 of the Code. Once that process is over, the resolution applicant cannot be saddled with any kind of new liability apart from the agreed payment to the stakeholders in the Resolution Plan. The resolution applicant is deemed to have taken over all the assets of the Corporate Debtor including the above said plots of land on which the R1 created a charge for non-payment of FRP. In the resolution plan, approved by this Bench ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dated November 7, 2019. iii. The sum of ₹ 2,12,62,540/- (Rupees Two Crores Twelve Lakhs Sixty-Two Thousands Five Hundred Forty Only) paid to MSEDCL towards the outstanding dues of the factory be returned/refunded and/or adjusted towards the future bill cycles of the Applicant. 2. The Applicant submits that he is not pressing for the Prayer No. iii in view of the fact that some more documents relating to the prayer has to be submitted and accordingly the said prayer is not pressed for the time being with liberty to file separate Application. Accordingly, the Applicant is permitted to give up the prayer with liberty as sought for. 3. The Applicant submits that this Tribunal in C.P. No. 1767/MB/2017 admitted an Insolvency and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing the non-payment of FRP amount, RRC dated 03.06.2015 amounting to ₹ 44.78 Crores and dated 18.05.2016 amounting to ₹ 4.23 Crores were issued under provisions of Section 3(3A) of Sugarcane Control Order, 1966. The Collector of Parbhani has authorised the Sub Divisional Officer, Pathari for the execution of Revenue Recovery Certificate Orders. In the execution process Sub Divisional Officer of Pathri created a charge upon the immovable properties of the Corporate Debtor under the provisions of the Maharashtra Land Revenue Code, 1966 for the RRC amount and started the process of sale of the properties of the Corporate Debtor but due to the appointment of the Resolution Professional of the Corporate Debtor the further process of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rs Claim Unsecured 10,94,71,487 2,00,00,000 5. Statutory Dues Unsecured 1,60,79,776 8,03,989 6. Employees/Workmen Unsecured 71,33,843 13,67,582 7. Other Operational Creditors Unsecured 8,54,00,454 59,78,032 TOTAL 4,91,28,37,208 1,09,40,91,222 9. The above table shows that the Resolution A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , Dist, Parbhani, RRC action has been taken and your office has been authorised. As informed vide the letter under reference in respect of the same, the report is being submitted as under, as per the discussion held in the meeting held in your office on 25.6.2020. 1. Vide Order OW No. SC/Kaksha-7/Arth.1/RRC/169/2015 dated 03.06.2015, of the Sugar Commissariat, Order of R.C. was issued in respect of recovery of the Sugar Cane rate arrears of ₹ 4478.10 Lakh, as per FRP in the crushing season of 2015-16 of the factory of Maharashtra Shetkari Sugars Ltd., Uttam Nagar, Tal. Sonpeth, Dist, Parbhani. Thereafter, as per letter OW No. Lep/Maha.Sugar/FRP/14-15/138/2016 dated 29.07.2016 of the Special Auditor, Class 1, Cooperative Soci ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... No. MA 3199/2019 in CP (IB) 1767/MB/2017 of Union Bank of India Vs. Maharashtra Shetkari Sugars Ltd., Twenty one Sugars Limited and Tejas Construction purchased by the Maharashtra Shetkari Sugars Limited and Infrastructure Pvt. Ltd. (Resolution Applicant) has to pay the amount of ₹ 2,00,00,000.00 against the farmers claim as per settlement amount provided under Resolution Plan (INR) as per Point No. 14 of the said order, as per point No. 19, the first instalment of the amount ₹ 1,00,00,000.00 in the month of November 2020 and the second instalment of ₹ 1,00,00,000.00 in the month of November, 2021, 5. Accordingly, as on today's date, the arrears of the amount of RRC of ₹ 422.47 lakh + interest coming as per ..... X X X X Extracts X X X X X X X X Extracts X X X X
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