TMI Blog2021 (8) TMI 1340X X X X Extracts X X X X X X X X Extracts X X X X ..... of 2018 and thus the excuse of Covid-19 which attracted Lockdown in March, 2020 is not appealing. There are no reason to entertain these Appeals. Even if the Resolution Plan has been challenged in other Appeals by other entities succeeds, fact would still remain that the claims of the Appellants were never filed during CIRPs and thus there was no question of considering the same in the Resolution Plan. - Company Appeal (AT) (Insolvency) No. 604 of 2021 With Company Appeal (AT) (Insolvency) No. 605 of 2021 - - - Dated:- 16-8-2021 - Justice A.I.S. Cheema, The Officiating Chairperson And Mr. V.P. Singh, Member (Technical) For the Appellant: Ms. Samiksha Goyal, Advocate, Mr. M. Santhanaraman, Sr. Standing Counsel. For the Resp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be seen that the Adjudicating Authority accepted the Resolution Plan giving reliefs to the Corporate Debtor with regard to the Action initiated by the Appellant. Reference is made to Clause 9.1.4 of Paragraph 6.7 at Page 92 of the Appeal which reads as under: Clause Dispensation Orders thereon 9.1.4 The central Board of Excise and Customs to not void the transactions contemplated under the Resolution Plan (including a potential sale of Assets) under Section 81 of the Central Goods and Service Tax Act, 2017 and not impose any successor liability on the Resolution Applicant and the Corporate Debtor. Granted 4. The Lear ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8. Ld. Sr. Standing Counsel-Mr. M. Santhanaraman adds that in both these Appeals in spite of records showing the dues of the Appellant, the Resolution Professional conspired and did not show the dues outstanding and thus both these Appeals need to be entertained. The Learned Counsel for the Appellant add that the Impugned Order which approved the Resolution Plan has been challenged by some other entities and those Appeals are already pending. It is stated that when the Resolution Professional had drawn the list of claims, dues of the Appellants were shown but were not provided for in the Resolution Plan. 9. Learned Counsel for the Appellant accept that during the pendency of CIRP with regard to both the Corporate Debtors in these Appeals ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al 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 extinguished and no proceedings in respect of such dues for the period prior to the date on which the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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