TMI Blog2023 (11) TMI 474X X X X Extracts X X X X X X X X Extracts X X X X ..... ient rights is appointed by NCLT to make an application for continuation of the proceeding. The Hon ble Supreme Court and High Courts in a catena of cases held that the Tribunal is a creature of the statute; it cannot travel beyond the express powers vested under the Statute or Rules framed under the statute while deciding a statutory Appeal filed before it against the Orders of the prescribed statutory authorities mentioned under the statute. The corollary, any order passed by the Tribunal beyond the vested powers under the statute would be non est in law. The view consistently expressed by this Tribunal in a series of cases that the appeal abates once the IRP is appointed and/or Resolution plan approved, agreed upon - the appeal aba ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ode, 2016 read with relevant Rules. The said application was admitted by the Honorable NCLT, Chennai Bench on 12th March, 2018 and CIRP was initiated. The insolvency process initiated against the appellant has attained finality vide order dated 12.06.2019 passed by the Honorable NCLT. On appeal, the said order dated 12.06.2019 has been upheld by the Hon ble National Company Law Appellate Tribunal (NCLAT), Chennai Bench vide judgement dated 13.06.2023. 4. The ld. advocate for the appellant submitted that in view of the order of the Hon ble NCLAT, Chennai, the appeal abates; the claim against the appellant gets extinguished in view of the judgements of the Hon ble Supreme Court in the cases of Ghanashyam Mishra Sons Pvt Ltd. Vs. Edelweis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nts Private Limited under Section 7 of IBC, 2016 read with Rule 4 of IBC (Application to Adjudication Authority) Rules, 2016 against the appellant, proceeding has been initiated. The Hon ble NCLT vide Order dated 12th March, 2018 admitted the petition and appointed the Interim Resolution Professional (IRP) in the case. The proceedings were continued and culminated to passing the Resolution Plan which has been approved by the Hon ble NCLT vide Order dated 12.6.2019 and on appeal, the said Order was upheld by Hon ble NCLAT on 13.6.2023. Consequent to the said Order dated 13.06.2023, the appellant are now before this Forum. 10. The relevant provision under the CESTAT (Procedure) Rules, 1982 prescribed at Rule 22 reads as under: RULE 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... icable in his case. However, in view of the fact as stated in the para 4.2 and 4.3 above we are of the view that moment the successor interest with sufficient rights to be represented is appointed by the NCLT this rule will become applicable and it is for the successor interest to make an application for continuance of the proceedings. In the present case no such application has been filed by the successor interest for the continuance of the proceedings and hence the appeal stands abated by the operation of this rule. 4.5 . 4.6 There is no dispute to the binding nature of the resolution plan as approved by the NCLT. It has been settled by the Hon ble Apex Court in the cases referred to by the learned counsel for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... enches of this Tribunal in the cases cited by the ld. A.R. for the Revenue i.e .(i) M/s MC Nally Sayaji Engineering Limited vs. CCGST, Bolpur 2023 (4) TMI 1076 CESTAT KOLKATA; (ii) CCE ST, Surat-II vs. Arcelormittal Nippon Steel India Ltd 2023 (2) TMI 231 CESTAT AHMEDABAD; (iii) M/s Jet Airways India Ltd vs. CST, Mumbai-V 2023 (5) TMI 767 CESTAT MUMBAI; (iv)M/s Bhushan Power Steel Ltd vs. CCE, Kolkata-IV 2023 (5) TMI 184 CESTAT KOLKATA; (v)M/s Murli Industries Ltd vs. CCE, Nagpur 2022 (11) TMI 289 CESTAT MUMBAI. 13. Needless to mention, as observed by the Hon ble Supreme Court and High Courts in a catena of cases that the Tribunal is a creature of the statute; it cannot travel beyond the express powers vested und ..... X X X X Extracts X X X X X X X X Extracts X X X X
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