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2022 Supreme(Ori) 525

S. MURALIDHAR, M. S. RAMAN
ESL Steel Limited – Appellant
Versus
Union of India – Respondent


Advocates appeared:
C.R. Das, Advocate, Avinash Kedia, Advocate

JUDGMENT

1. Admittedly, the resolution plan in respect of the present Petitioners was approved by the National Company Law Tribunal on 17th April 2018.

2. As far as the impugned demand raised in the present writ petition by the Customs Department, it pertains to the period prior thereto.

3. With the resolution plan already having been approved, all liabilities of the Petitioners prior to the aforementioned date of the resolution plan would stand extinguished in terms of the judgment of the Supreme Court of India in Ghanashyam Mishra & Sons Private Limited v. Edelweiss Asset Reconstruction Company Limited 2021 SCC OnLine SC 313 where it has been held as under:

    '93. As discussed hereinabove, one of the principal objects of I&B Code is providing for revival of the corporate debtor and to make it a going concern. The I&B Code is a complete Code in itself. Upon admission of petition under Section 7 there are various important duties and functions entrusted to RP and CoC. RP is required to issue a publication inviting claims from all the stakeholders. He is required to collate the said information and submit necessary details in the information memorandum. The resolution applicants submit th

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