Ultratech Nathdwara Cement Ltd vs Union Of India
2022 Latest Caselaw 839 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 693/2022

1. Ultratech Nathdwara Cement Ltd., Registered Office At PS Arcadia Central, 5th Floor, 4A Abanindra Nath Thakur Sarani (Camac Steet) Kolkata - 700016, West Bengal, Site At Nathdwara Cement Works, Village Aditya Nagar, Taluka Pindwara, Sirohi - 307031 Through Its Authorized Signatory Mr. Yogesh Kumar Bhatt.

2. Ultra Tech Cement Limited, Registered Office At B Wing, Ahura Centre, 2nd Floor, Mahakali Caves Road, Andehri East, Mumbai 400093 Through Its Authorized Signatory Mr. Rajiv Kumar Saxena.

----Petitioners Versus

1. Union Of India, Through The Joint Secretary, Ministry Of Railways Having Its Office At Udyog Bhavan, New Delhi - 110001

2. The General Manager, North Western Railways, Jaipur Administration, Near Jawahar Circle, Jaipur, Rajasthan.

3. The Principal Chief Commercial Manager, Department Of North Western Railways, Near Jawahar Circle, Jaipur, Rajasthan.

4. The Senior Divisional Commercial Manager, Division Office, North Western Railways, Divisional Rail Manager Office, Mail Road, Ajmer, Rajasthan.

5. The Senior Divisional Finance Manager (D.F.M.), Division Office, North Western Railways, Divisional Rail Manager Office, Mail Road, Ajmer, Rajasthan.

6. The Senior Divisional Engineer (West) / Aii, Divisional Office, North Western Railways, Divisional Rail Manager Office, Mail Road, Ajmer, Rajasthan.

7. Chief Goods Supervisor, Binani Cement Siding, Keshavganj, District Sirohi, Rajasthan.

----Respondents

For Petitioner(s) : Mr. Vikas Balia with Mr. Gopal Sandu & Mr. Manish Priyadarshi through V.C.

                                             (2 of 3)             [CW-693/2022]


                     JUSTICE DINESH MEHTA

                                     Order

17/01/2022

1. The petitioner-company had submitted a resolution plan

pursuant to an invitation of the Resolution professional and

accordingly by way of the order passed by the National Company

Law Appellate Tribunal on 14.11.2018, whereafter the petitioner

took over the management and operation of Corporate Debtor -

Binani Cement Ldt.

2. While relying upon the judgment dated 13.04.2021, passed

by Hon'ble the Supreme Court in Civil Appeal No.8129/2018, Mr.

Balia, learned counsel for the petitioners submits that liability prior

to the cut-off i.e. 20.11.2018 belonging to the Binani Cement Ltd.

can neither be fastened upon the petitioner nor can the

respondents recover the amount relating to Binani Cement Ltd.

from the petitioner, unless it is part of the resolution scheme

approved by the NCLAT.

3. It is asserted that dues of Railways were not part of the

approved resolution plan, hence the amount being sought to be

recovered by the respondents cannot be recovered from the

petitioner.

4. Matter requires consideration.

5. Issue notice. Issue notice of stay application also, returnable

within six weeks.

6. Meanwhile, respondent - Railways shall not adopt any

coercive measures to recover the amount due from Binani Cement

Ltd., more particularly that relates to the period prior to

14.11.2018.

(3 of 3) [CW-693/2022]

7. It is also hereby directed that the respondent - Railways

shall process petitioners' proposal for ESP and DPR without

insisting upon payment of Rs.1.06 crore as indicated in the

impugned communication dated 07.09.2021 (Annex.41).

(DINESH MEHTA),J 68-Ramesh/-

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