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TMI Blog2021 (6) TMI 658X X X X Extracts X X X X X X X X Extracts X X X X ..... angi Kariya and Mr. Y Suryanarayan, Advocate for R-2&R-3. ORDER (Virtual Mode) Heard. 2. This Appeal has been filed by the Appellant-The Assistant Commissioner of Central Tax, G.S.T. Division against Impugned Order dated 28th January, 2020 passed by the Adjudicating Authority (National Company Law Tribunal, Hyderabad Bench, Hyderabad) in I.A. No. 779 of 2019 in CP (IB) No. 344/9/HDB/2018 in the matter of Corporate Debtor -Sri Ramanjaneya Ispat Pvt. Ltd. By the said Impugned Order, the Adjudicating Authority allowed Resolution Plan which was filed by Terapanth Foods Ltd. and Rav's Steels Pvt. Ltd. which was passed under Section 30(6) and 31 of Insolvency and Bankruptcy Code, 2016 (IBC in short). 3. According to the Appellant, the Appell ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ets the requirements as referred to in sub-section (2) of Section 30, it shall by order approve the resolution plan which shall be binding on the corporate debtor and its employees, members, creditors, including the Central Government, any State Government or any local authority to whom a debt in respect of the payment of dues arising under any law for the time being in force, such as authorities to whom statutory dues are owed, guarantors and other stakeholders involved in the resolution plan: Provided that the Adjudicating Authority shall, before passing an order for approval of resolution plan under this sub-section, satisfy that the resolution plan has provisions for its effective implementation." 6. It appears from the Judgment in t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y Law Tribunal, Hyderabad Bench, Hyderabad. With the letter there is one Form F (Page 56) which was addressed to the Member Judicial. According to the Learned Counsel for the Appellant, the department had received a stamp of receipt of such letter from the Registry of NCLT, Hyderabad Bench, Hyderabad on 23rd August, 2019. Learned Counsel is unable to show any Application as such filed or any I.A. or M.A. with number of filing Application for condonation of delay. In fact, the Form F filed is also relating to Proof of claim of Creditors (Other than Financial Creditors and Operational Creditors). 9. The Learned Counsel for the Respondent No. 1 submitted that dues claimed are Operational Debt. Learned Counsel referred to the Reply-Affidavit f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has been made to the correspondence as per Annexure R-5 filed by the Respondent No. 1. The Resolution Professional claims that thereafter he did not get any information or notice from the Adjudicating Authority and the Resolution Professional adhered to the guidelines as laid down in IBC and Application under Section 30(6) and 31 of IBC for approval of the Resolution Plan was filed with the Adjudicating Authority. Thus, according to the Learned Counsel for the Respondent, the Appellant did not follow necessary procedure, and in time, to file the claim as such and claim was not filed. 11. The Learned Counsel for the Appellant is submitting that the Resolution Professional had all the books of the accounts of the Corporate Debtor with the Re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... before the last date mentioned in the public announcement. (2) A creditor, who fails to submit claim with proof within the time stipulated in the public announcement, may submit the claim with proof to the interim resolution professional or the resolution professional, as the case may be, on or before the ninetieth day of the insolvency commencement date. (3) Where the creditor in sub-regulation (2) is a financial creditor under regulation 8, it shall be included in the committee from the date of admission of such claim: Provided that such inclusion shall not affect the validity of any decision taken by the committee prior to such inclusion." 13. It is apparent from the above that the Appellant was required to file claim in terms of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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