Esl Steels Ltd. (Erstwhile ... vs Micro And Small Enterprises ...
2022 Latest Caselaw 2918 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

                 S.B. Civil Writ Petition No. 2797/2022

ESL Steels Ltd. (Erstwhile Electrosteel Steels Ltd)
                                                                        ----Petitioner
                                        Versus
Micro And Small Enterprises Facilitation Council, Kota Circle &
Anr.
                                                                      ----Respondent

For Petitioner(s) : Mr. Punit Singhvi with Mr. Akshat Dewan & Mr. Ayush Singh & Mr. Swapnil S. Sharma For Respondent(s) :

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

06/04/2022

Learned counsel for the petitioner submits that the

adjudicating authority, i.e., the National Company Law Tribunal,

Kolkata Bench, Kolkata has, vide its order dated 17.04.2018

approved the resolution plan for the Erstwhile Electrosteel Steels

Ltd. and now, by virtue of provisions of Section 31(1) of the

Insolvency & Bankruptcy Code, 2016, no claim post approval of

resolution plan of any debtor/stake holder is maintainable. He

submits that in view thereof, the order impugned dated

27.10.2021 passed by the Micro And Small Enterprises Facilitation

Council, Kota Circle raising a demand against the Erstwhile

Electrosteel Steels Ltd. in favour of the respondent No.2 is not

sustainable. He, in support of his submission, relies upon the

judgment of the Hon'ble Apex Court of India in case of

Ghanshyam Mishra And Sons Private Limited Vs. Edelweiss

(2 of 2) [CW-2797/2022]

Asset Reconstruction Company Limited & Ors., (2021) 9

SCC 657.

Issue notice confined to the respondent No.2 of the writ

petition as well as of stay application. Rule is made returnable by

five weeks. Notices be filed in two sets. One set of notices be sent

through registered post with acknowledgment due. Notices may

also be given "dasti". Steps to be taken within a week.

Heard learned counsel for the petitioner on interim relief.

Taking into consideration the contentions advanced by the

learned counsel and the material on record, this Court deems it

just and proper to stay the operation and effect of the order dated

27.10.2021 passed by the respondent No.1 qua the Erstwhile

Electrosteel Steels Ltd. and respondent No.2, till further orders.

(MAHENDAR KUMAR GOYAL),J

Sudha/77

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