TMI Blog2021 (12) TMI 84X X X X Extracts X X X X X X X X Extracts X X X X ..... by the Adjudicating Authority by para 14 of the order The Adjudicating Authority did not commit any error in not allowing I.A. 463 of 2019 in view of pendency of CIRP - there is no infirmity in the impugned order passed by the Adjudicating Authority rejecting I.A. 463 of 2019. Furthermore, the Appellant has already filed his claim on 04.06.2019 in Form-B. Appeal dismissed. - Company Appeal (AT) (Insolvency) No. 894 of 2021 - - - Dated:- 1-12-2021 - [Justice Ashok Bhushan] Chairperson , [Justice Jarat Kumar Jain] Member (Judicial) And [Dr. Ashok Kumar Mishra] Member (Technical) For the Appellant : Ms. Nitya Sharma, Standing Counsel For the Respondent : None. JUDGMENT Ashok Bhushan, J. 1. This Appeal under Sec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , the Appellant was entitled to auction the said goods to realise their dues. Learned Counsel for the Appellant submits that there being huge recovery of Government dues against the Corporate Debtor, an Application has been moved before the Adjudicating Authority to allow auction of attached goods. It is further submitted that the Appellant has already filed his claim in Form-B for total tax of ₹ 25,82,25,560/-. Learned Counsel for the Appellant has relied on Panchanama dated 31.01.2018. 3. We have heard the Learned Counsel for the Appellant and perused the record. 4. There is no dispute that finished goods of the Corporate Debtor were attached on 31.01.2018. Permission for auctioning of the said goods was sought for by Applicat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ority, sectoral regulator or any other authority constituted under any other law for the time being in force, shall not be suspended or terminated on the grounds of insolvency, subject to the condition that there is no default in payment of current dues arising for the use or continuation of the license or a similar grant or right during moratorium period. ] 5. The order dated 15.01.2019 passed by the Adjudicating Authority which is part of the Appeal clearly indicates that Moratorium was declared by the Adjudicating Authority by para 14 of the order. 6. The Adjudicating Authority did not commit any error in not allowing I.A. 463 of 2019 in view of pendency of CIRP. We may refer to the judgment of the Hon ble Supreme Court in Ana ..... X X X X Extracts X X X X X X X X Extracts X X X X
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