Rajasthan High Court
Alchemist Asset And ... vs Deputy Inspector General on 30 July, 2021
Bench: Ashok Kumar Gaur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 7747/2021
Alchemist Asset And Reconstruction Company Ltd., (Earlier Dhir
and Dhir Asset Reconstruction Company Ltd.) A-270, 1 st and 2nd
Floor, Defence Colony, New Delhi - 110024 Through Its
Authorised Representative Mr. Jeevan Kumar.
----Petitioner
Versus
1. Deputy Inspector General, Registration And Stamp (Tax
Evasion) Rajasthan Jaipur Special Circle And Ex Officio
Collector (Stamp) Jaipur (Rajasthan).
2. State Of Rajasthan, Through Officer-In-Charge Mr. Panchu
Ram Sharma, Joint Director, Industries Deptt. , Udyog
Bhavan, Jaipur.
3. Jaipur Metals And Electricals Ltd., Near Jaipur Railway
Station, Jaipur Through Its Resolution Professional Mr.
Arunava Sikdar Having Office At- D-3, Lgf, Lajpat Nagar,
Part I, New Delhi - 110024
----Respondents
For Petitioner(s) : Mr.S.S. Hora, Adv.
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR
Order
30/07/2021
Learned counsel for the petitioner submitted that the
petitioner has filed an application under Section 7 of the
Insolvency and Bankruptcy Code, 2016 before the National
Company Law Tribunal, Principal Bench, New Delhi and the said
Court vide judgment dated 13.04.2018 has declared moratorium
in terms of Section 14 of the Insolvency and Bankruptcy Code,
2016. The Court has also made it clear that consequences of
imposing the moratorium will flow from the provisions of Section
(2 of 3) [CW-7747/2021]
14(1) (a), (b), (c) & (d) and specifically it has been observed that
institution of suits or continuation of pending suits or proceedings
against the Corporate Debtor including execution of any judgment,
decree or order in any Court of law, Tribunal, arbitration panel or
other Authority, are prohibited.
Learned counsel submitted that S.B. Company Petition
No.19/2009 was pending before this Court and this Court had
passed an order on 01.06.2018 directing not to allow the IRP to
function or to take over any asset of the Company and ignore the
order passed by the NCLT dated 13.04.2018.
Learned counsel submitted that the said order was put
to challenge before the Apex Court in Civil Appeal No.12023/2018
and the Apex Court vide order dated 12.12.2018, has set aside
the order passed by the High Court and directed the NCLT to
continue with the proceedings from the stage at which they had
left.
Learned counsel submitted that now the respondents
have issued a notice under Section 37 read with Section 51 & 53
of the Rajasthan Stamp Act, asking the petitioner-Company to pay
insufficient stamp duty on the documents which were executed
like Asset Credit Agreement dated 23.03.1995 and other different
documents, as mentioned in the notice way back in 1995 and
1996.
Learned counsel submitted that issuance of such notice
is without jurisdiction in wake of order passed by the Apex Court
allowing the continuation of proceedings before the NCLT.
Issue notice of the writ petition as well as stay
application, returnable on 23.08.2021. Notices be given 'dasti', if
prayed.
(3 of 3) [CW-7747/2021]
Till the next date, the respondents are restrained to
proceed further in pursuance of notice dated 27.04.2021 and the
petitioner shall not be forced to appear before the Authority in
pursuance of the said notice.
(ASHOK KUMAR GAUR), J
Himanshu Soni/Parul/9
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