Approved resolution plans under the Insolvency Code extinguish claims not included, barring enforcement actions for pre-existing statutory dues.

JUDGMENT :

D.N.RAY, J.

1. Heard learned Advocate Mr. Hardik P. Modh for the Petitioner and learned AGP Ms. Shrunjal Shah for the Respondents.

2. Rule returnable forthwith. Learned Assistant Government Pleader Ms. Shrunjal Shah waives service of notice of rule on behalf of the respondents. With the consent of learned advocates for the respective parties, the matter is taken up for final hearing, as the issue involved is very short.

3. The petition is filed under Article 226 of the Constitution of India with a prayer to quash and set aside the Order dated 21.12.2016, passed by the respondent No.2. Accordingly, the following prayers have been made: -

“(a) That this Hon’ble Court be pleased to issue a Writ of Certiorari, or a Writ in the nature of Certiorari or any other appropriate writ, calling for the records in relation to Order dated 21.12.2016 passed by Respondent No.2 on the basis of which Entry No.13799 was made by the Respondent No.3 and after looking into the same and the legality thereof, this Hon’ble Court be pleased to quash and set aside the Order dated 21.12.2016 passed by Respondent No.2, on the basis of submissions herein above.

(b) That this Hon’ble Court be pleased to issue a Writ of Mandamus, or a Writ in the nature of Mandamus, or any other appropriate Writ, Order or direction, and 1) Quash and set aside the Order dated 21.12.2016 passed by Respondent No.2 on the basis of which Entry No. 13799 was made by the Respondent No.3;

(ii) Direct the Respondents to lift the attachment on land at Survey No. 2293 and 2295, Mauje: Rajpur, Taluka Kadi, District-Mehsana;

(iii) To delete the Entry No.13799 made on Survey No. 2293 and 2295 (earlier Survey No.1256 & 1261) by the Respondent No.3;

(c) That this Hon’ble Court be pleased to direct the Respondents to decide the representation filed by the Petitioner for removal of all attachment on land situated at Survey No. 2293 and 2295, Mauje: Rajpur, Taluka Kadi, District- Mehsana;

(d) That pending the hearing and final disposal of the present Petition, this Hon’ble Court be pleased to direct the Respondents to remove the attachment on land situated at Survey No. 2293 and 2295, Mauje Rajpur, Taluka Kadi, District-Mehsana; (e) for ad-interim relief in terms of prayer (d) above;

(f) for costs of the petition be provided; and (g) for such further and other reliefs, as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.

4 The brief facts of the case are as under: -

4.1 The Petitioner i.e., M/s Technova Plastic Industries Pvt. Ltd., is inter-alia engaged in the business of manufacturing of flexible packaging materials. M/s Kankriya Enterprise Pvt. Ltd. was the successful Resolution Applicant who had taken over the Petitioner company above named pursuant to the Order dated 04.09.2020 passed by the National Company Law Tribunal, Ahmedabad (NCLT). The Petitioner is being run and managed by the new management.

4.2 Company Petition (IB) No. 189 of 2018 was filed against the Petitioner, before the NCLT, Ahmedabad for initiation of Corporate Insolvency Resolution Process (CIRP), under the Insolvency and Bankruptcy Code, 2016 (IBC). The petition was admitted by the NCLT on 12.11.2018. The Interim Resolution Professional (IRP) issued a public advertisement on 13.11.2018 for creditors to submit their claims under Section 15 of the IBC. Respondent No. 2 filed a claim of Rs. 6,45,42,576 on 12.12.2018, which was duly admitted by the Resolution Professional.

4.3 The Committee of Creditors (CoC) was constituted on 07.12.2018. Subsequently, the CoC replaced the IRP with a new Resolution Professional, as approved by NCLT on 19.