Madras High Court
( vs Union Of India on 19 August, 2024
Author: C.Saravanan
Bench: C.Saravanan
W.P.No.15875 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.08.2024
CORAM :
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.No.15875 of 2020
and
W.M.P.No.19729 of 2020
Tvl.JBO GLOBEWORLD LLP,
908, D Mail, Netaji Subhash Place,
Pitampura, New Delhi – 110 034 (RP Address),
Represented by its Resolution Professional
Mr.Sanjay Garg
(Petitioner Cause Title amended vide order of this
Court dated 30.06.2023 in W.M.P.No.11099 of 2023
in W.P.No.15875 of 2020) ... Petitioner
Vs.
1.Union of India,
Through Secretary,
Ministry of Finance,
North Block, New Delhi – 110 019.
2.The Principal Commissioner of Customs (VII),
Air Cargo Complex, Meenambakkam,
Chennai – 600 027. ... Respondents
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1/6
W.P.No.15875 of 2020
Prayer: Writ Petition filed under Article 226 of the Constitution of India, for
issuance of a Writ of Certiorari, to call for the records relating to the Impugned
Notice dated 21.09.2020 issued by the second respondent pursuant to the Show
Cause Notice bearing F.No.S Misc./32/2015 Group 1-4/S 30/114/2015 Gr.1-4
dated 26.11.2015 which was declared to be invalid and unsustainable in law
vide the Delhi High Court Judgment reported as Bullion and Jewellers
Association Vs. UOI, 2016 (335) ELT 639 (Del.) and quash the same.
For Petitioner : M/s.Ranjana Jain
for Mr.Karthik Sundaram
For Respondents :
For R1 : Mr.T.L.Thirumalaisamy
Central Government Standing Counsel
For R2 : Mr.K.S.Ramaswamy
Standing Counsel
ORDER
The petitioner is before this Court against the Impugned Notice dated
21.09.2020 issued by the second respondent pursuant to the Show Cause
Notice bearing F.No.S Misc./32/2015 Group 1-4/S 30/114/2015 Gr.1-4 dated
26.11.2015.
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2. The learned counsel for the petitioner would submit that the petitioner
was proceeded before the National Company Law Tribunal (NCLT) in
C.P.No.IB-630/PB/2021. A resolution plan was approved by the NCLT on
24.01.2024. Sl.No.4 to Paragraph 4, the NCLT has factored the Government
Dues. It reads as under:-
Sl. Type of Claim Claim Admitted Amount Payment Terms
No. provided in the
plan
1. CIRP Cost -- 4,00,000 Within 90 days
from effective
date
2. Secured 7,17,97,497.93 1,05,00,000 Within 90 days
Financial from effective
Creditor date
3. Unsecured Nil Nil NA
Financial
Creditor
4. Operational 1,00,00,000 2,00,000 Within 90 days
Creditor from effective
(Government date
Dues)
5. Other Creditors 95,95,458.09 Nil NA
Total 9,13,92,956.02 1,11,00,000
3. In Paragraph 8 of the aforesaid order, the NCLT also held as under:-
“Therefore, in our considered view, there is no
impediment in giving approval to the Resolution Plan.
Accordingly, we hereby approve the Resolution Plan, which
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shall be binding on the corporate debtor and its employees,
shareholders of corporate debtor, creditors including the Central
Government, any State Government or any local authority to
whom statutory dues are owed, guarantors, successful resolution
applicant and other stakeholders involved. In view of the above,
I.A.2350/2023 stands allowed.”
4. Since the resolution plan has been approved, it is open for the
petitioner to inform the Department about the same.
5. Therefore, this Writ Petition is closed with liberty to the petitioner to
participate in the aforesaid proceedings before the second respondent by placing
order of the NCLT dated 24.01.2024. No costs. Connected Writ Miscellaneous
Petition is also closed.
19.08.2024
(2/3)
Index : Yes/No
Internet : Yes/No
Speaking Order/Non-Speaking Order
Neutral Citation : Yes/No
arb
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To
1.Union of India,
Through Secretary,
Ministry of Finance,
North Block, New Delhi – 110 019.
2.The Principal Commissioner of Customs (VII),
Air Cargo Complex, Meenambakkam,
Chennai – 600 027.
https://www.mhc.tn.gov.in/judis
C.SARAVANAN, J.
arb
and
19.08.2024
(2/3)
https://www.mhc.tn.gov.in/judis
