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TMI Blog2021 (10) TMI 301X X X X Extracts X X X X X X X X Extracts X X X X ..... etan Kapadiaa/w Mr. Rahul Sarda ORDER Per : Suchitra Kanuparthi, Member (Judicial) 1. This is an application filed by the successful Resolution Applicant of the erstwhile Corporate Debtor. Resolution Plan was approved by Committee of Creditors and was approved by the Hon'ble Tribunal vide its order on 14.10.2019. The Resolution Professional of the Corporate Debtor filed an MA 82 of 2019 under section 31 of the code for ratification of the resolution plan by the Tribunal and the same was allowed on 14.10.2019. The order dated 14.10.2019 at para 18 states that no claim can be added in the proposed Resolution Plan. The para 18 is reproduced here in below. 18. That, the Resolution Applicant in one of the Clauses has raised an apprehension ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... applicant submitted that despite a public announcement inviting claims from the Creditors of the Corporate Debtor, the Respondent No. 1 did not file any claim before the Resolution Professional and therefore the Respondent No. 1 had taken no steps to recover the dues. The Applicant also mentions that Ambey Iron Private Limited had a security deposit of Rs. 4,37,400/- with the Respondent No. 1., yet they did not take steps to forfeit the Security Deposit and recover the dues of the Respondent No. 1 from the Resolution Professional. 5. In view of the delay in reconnection of the water can be carried out in the said unit and the applicant is incurring an interest of Rs. 32, 500 per day. Additionally, the applicant is also incurring labour co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f reconnection of supply. Reply of the Industries Department State of Maharashtra:- 10. In terms of the provision of MID Act,1961 MIDC is required to provide necessary infrastructure like road, Street light, drainage, water supply etc. for establishing industrial areas Respondent No. 1 MIDC invests huge amount of money acquiring large track of land by plotting and the Industrial areas/plots are allotted to interested parties on lease. 11. The Respondent No. 1 MIDC is a statutory nonprofit making organization which works to achieve balanced industrial development in the entire state. The survival of MIDC depends wholly upon the land receipt received as differential premium and service of fees received from the allottees of the plots. 12. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... licant was also called upon Rs. 38,09,600/- towards transfer charges as a differential premium for getting temporary water connection without prejudice to right and contention. 16. The MIDC circulation dated 12.05.1998 describes that in circumstances which a transferor of MIDC and will be regarded as a formal transfer in which the case transfer charges would not be payable. All other circumstances categories of transfer are categorized as non-formal transfer in which transfer charges are payable. The Resolution Plan and provisions of the Code contemplate takeover of the Corporate Debtor and cannot be a termed as involuntary and hence is a conscious and voluntary act on the part of Successful Resolution Applicant to assume the assets and li ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... two folds:- 20. Regard to the pre-existing liabilities of water charges as claim by the Respondent No. 1 amounting to Rs. 47,06,751/- in respect of water charges and service charges. 21. The claim of Rs. 38,09,600/- towards differential premium and transfer charges. 22. This bench is of the considered view that the claim of water charges and service charges amount of Rs. 47,06,751/- is in respect of pre CIRP period and as thus stands extinguished in view of the approval of the Resolution Plan and in view of the fact that the Respondent No. 1 has not made claim upon public announcement of initiation of CIRP against the Corporate Debtor. 23. As per the settled law claims arising pre CIRP cannot be claimed by the creditor. In the recent Ju ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which I&B Code has come into effect; (iii) Consequently all the dues including the statutory dues owned 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. 24. In the light of the above judgement of Hon'ble Supreme Court, the claim of water charges of Rs. 47,06,751/- being pre CIRP charges, the same is extinguished and stands cancelled. Hence the claim of Rs. 47,06,751/- is rejected. 25. Further, in view of the approval of Resolution Plan by way of order of the Tribunal on 14.10.2019 and chan ..... X X X X Extracts X X X X X X X X Extracts X X X X
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