(Through Hybrid Mode) vs State Of Odisha And Others
2022 Latest Caselaw 1958 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                               W.P.(C) No.7438 Of 2022
                               (Through hybrid mode)
            M/s. Orissa Manganese and                 ....              Petitioners
            Minerals Limited and another

                                                   Mr. R.Banerji, Senior Advocate
                                                     Mr. V. Mohapatra, Advocate

                                           -versus-

            State of Odisha and others                ....         Opposite Parties

                                                            Mr. P.C. Panda, AGA

                      CORAM: JUSTICE ARINDAM SINHA
                                      ORDER

23.03.2022

W.P.(C) No.7438 Of 2022 and I.A. No.3805 of 2022

Order No.

01. 1. Mr. Banerji, learned advocate appears on behalf of petitioners

and submits, his clients' seek direction staying proceeding under

section 18 in Micro, Small and Medium Enterprises Development Act, 2006

in the Council, pending adjudication of his clients' contention that the

proceeding be terminated. He demonstrates that by order dated 22nd

June, 2018, resolution plan in respect of petitioner no.1 stood

approved by National Company Law Tribunal (NCLT), Kolkata.

Drawing attention to page 158 he points out that it is a tax invoice for

// 2 //

work in November, 2017. He submits, the period of claim before the

Council is October to December, 2017, before pronouncement of the

order of approval. He relies on judgment of the Supreme Court in

Ghanashyam Mishra And Sons Pvt. Ltd. vs. Edelweiss Asset

Reconstruction Co. Ltd., paragraphs 93 and 102.3 to submit, on

approval of the resolution plan all dues stand extinguished, is the

declaration of law. On query from Court regarding section 18 having

non-obstante clause Mr. Banerji draws attention to section 238 in

Insolvency and Bankruptcy Code, 2016 to submit, the Code was

legislated subsequent to the Act of 2006 and, therefore, would override

provisions therein.

2. Proceeding in MSEFC no.8 of 2021, pending before the

Council at Cuttack be stayed till next date.

3. Issue notice along with this order on opposite parties.

Petitioners will put in requisites.

4. List on 13th April, 2022.

(Arindam Sinha) Judge Prasant