TMI Blog2022 (4) TMI 15X X X X Extracts X X X X X X X X Extracts X X X X ..... h was further affirmed by the NCLAT vide its order dated 14.11.2018, then only option left to the State was to contest the same. Thus, once the Hon ble Apex Court in on 19.11.2018 in Civil Appeal No.10998 of 2018 [ 2018 (11) TMI 1608 - SUPREME COURT ] has categorically laid down the law that once a resolution plan is duly approved by the Adjudicating Authority under Sub-section (1) of Section 31, the claims as provided in the resolution plan shall stand frozen and all the parties including the Corporate Debtor, employees, members, creditors, including the Central Government, any State Government or any local authority, guarantors and other stakeholders shall be bound down by such plan. The writ petitions are allowed. - S.B. Civil Wr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... titioner-company emerged as the successful resolution applicant. The resolution plan of petitioner-company was approved by the National Company Law Appellate Tribunal (hereinafter shall be referred as NCLAT ) vide order dated 14.11.2018 in Company Appeal (AT) Insolvency 188 of 2018, which was also challenged before the Hon ble Supreme Court and was upheld vide order dated 19.11.2018 passed in Civil Appeal No.10998 of 2018. The petitioner-company, in consequence of the aforesaid process, took over its management and implemented the resolution plan by making necessary payments to all the creditors including statutory creditors. Learned counsel for the petitioner also points out that while approving the resolution plan of petitioner-compan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... State Government or any local authority, guarantors and other stakeholders. On the date of approval of resolution plan by the Adjudicating Authority, all such claims, which are not a part of resolution plan, shall stand extinguished and no person will be entitled to initiate or continue any proceedings in respect to a claim, which is not part of the resolution plan; (ii) 2019 amendment to Section 31 of the I B Code is clarificatory and declaratory in nature and therefore will be effective from the date on which I B Code has come into effect; (iii) Consequently all the dues including the statutory dues owed to the Central Government, any State Government or any local authority, if not part of the resolution plan, shall stand exting ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... deemed to have been established from a date prior to the issuance of the relevant notifications does not make their operation retrospective. 52.2 In any event, the establishment of the DMFs (assuming the establishment is retrospective) from 12th January, 2015 does not prejudicially affect any holder of a mining lease or a prospecting licence-cum-mining lease. 52.3 In view of the failure of the Central Government to prescribe the rate on 12th January, 2015 at which contributions are required to be made to the DMF, the contributions to the DMF cannot be insisted upon with effect from 12th January, 2015. Fixing the maximum rate of contribution to the DMF is insufficient compliance with the law laid down by the Constitution Bench in V ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o make it clear that in the event any holder of a mining lease or a prospecting licence-cum-mining lease has mistakenly made contributions to the District Mineral Fund from a date prior to the date that we have determined, such a holder of a mining lease or a prospecting licence- cum-mining lease shall not be entitled to any refund but may adjust the contribution against future contributions, without the benefit of any interest. Learned counsel for the respondents also submitted that though they have not challenged the NCLAT order or the resolution in question, but since the part of the claim was under adjudication before a competent court, therefore, the portion of those claims need to be paid by the petitioner-company despite they ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... all also stand extinguished. In view of the aforesaid observations, the present writ petitions are allowed and the impugned demand order dated 25.04.2019 and subsequent communications dated 31.03.2017, 11.04.2017, 10.04.2019, 15.05.2019 and 20.05.2019 (CWP No.7258/2019) as well as the demand order dated 28.03.2019 (CWP No.6851/2019) are hereby quashed and set aside. The present order has been passed in view of the limited submission made by both the parties and those submissions which have not been pressed, are not required to answered by the Court. It is needless to say that if the State/respondents have any legal remedy, they shall be free to avail the same. All pending applications stand disposed of accordingly. - - TaxTMI - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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