TMI Blog2023 (3) TMI 650X X X X Extracts X X X X X X X X Extracts X X X X ..... case, the respondent Railways admittedly failed to lodge its claims before the Resolution Professional or the Committee of Creditors during the CIRP. Simply put, the dues which the Railways omitted to claim are no longer in existence by operation of law. It is further evident that the Railways is attempting to foist its demands on the petitioners through a belated window which it cannot do after the law laid down by the Supreme Court. It is also significant that the letter of 21st September, 2015 is addressed to Ramswarup Loh Udyog which merged into the petitioner no. 1 in 2007. This letter does not raise any other issue save and except that Ramswarup Loh Udyog has been de-licensed from 1st September, 2014 for non-payment of dues amounti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... approved by the Calcutta High Court. The petitioner no. 1 underwent Corporate Insolvency Resolution Process (CIRP) from 2018 onwards which culminated in approval of a Resolution Plan on 4th September, 2019. The petitioner no. 1 thereafter intended to get back to business and required raw material for transportation from various loading divisions to its siding located in Kharagpur division of South Eastern Railway. The petitioner attempted to place indents through the e-indenting system but found the system unresponsive. The petitioner no. 1 s letter of 28th December, 2022 to the respondent for a joint inspection of the petitioners siding was not responded to. 2. Learned counsel appearing for the petitioners submits that the respondent cl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... RP of the petitioner no. 1 culminated in a Resolution Plan dated 6th March, 2019. The Resolution Plan of the petitioner no. 1, as the corporate debtor, was to come into force from the date of the pronouncement of the order passed by the NCLT, Kolkata Bench on 4th September, 2019. The Resolution Plan was confirmed by the NCLAT on 4th March, 2021. The appeal filed from the order of the NCLAT was dismissed by the Supreme Court on 4th May, 2021. 5. The fact of Ramswarup Loh Udyog merging with the petitioner no. 1/corporate debtor on and from the appointed date - 1st April, 2007 - is noted in the order passed by the NCLAT on 4th March, 2021. The impugned demands of 31st January, 2022 and 4th January, 2023 relate to February, 2016 as would be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ngal State Electricity Distribution Company Limited vs. Sri Vasavi Industries Limited; 2022 SCC OnLine Cal 1918. 7. The above decisions make it clear that any claim not made during the course of CIRP and before approval of resolution plan shall automatically be extinguished and the corporate debtor is deemed to start its operations with a clean slate after the resolution plan is approved. In the present case, the respondent Railways admittedly failed to lodge its claims before the Resolution Professional or the Committee of Creditors during the CIRP. Simply put, the dues which the Railways omitted to claim are no longer in existence by operation of law. It is further evident that the Railways is attempting to foist its demands on the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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