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SUBRATA TALUKDAR, KESANG DOMA BHUTIA
Kolkata Municipal Corporation – Appellant
Versus
Union Of India – Respondent
JUDGMENT
Subrata Talukdar, J. - This appeal arises out of the Judgement and Order dated 29th January 2021 of the Hon'ble Single Bench in the writ petition. The appellants are the Kolkata Municipal Corporation (KMC) and its Commissioner. The effective contesting respondents are the Respondent No. 3, axis Bank Ltd (for short axis Bank only) and the Respondent No.4, the Resolution Professional (for short RP) representing one M/s. Maximum agency Private Ltd. (hereinafter referred to as the Corporate Debtor) presently under a Corporate Insolvency Resolution Process (for short CIRP) before the National Company Law Tribunal (for short NCLT), Kolkata Bench.
2. The short facts leading to this appeal are as follows:
3. That the Corporate Debtor, M/s. Maximum agency Private Ltd., owed property taxes to the KMC. For satisfying its outstandings of property tax, KMC acted under its statute which is the KMC act, 1980 in the year 2015 attaching the sole immovable property of the Corporate Debtor. However, no further steps were taken by KMC to act on the attachment by way of auctioning the said immovable property for the purpose of monetizing its outstandings of property tax. In such a situation, the
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