The approved Resolution Plan under the Insolvency and Bankruptcy Code binds all creditors, extinguishing claims not included, ensuring no surprise liabilities arise post-approval.

Judgment :

D.Dash, J.

Since the common issue in all these writ petitions (A, B & C) concerns with the validity of the demands raised against the Petitioner-Company, i.e., Orissa Manganese & Minerals Limited (OMML), which is registered under the Companies Act, 1956, having its Registered Office at IPICOL House, Bhuabneswar in the District-Khurda, Odisha in view of the approval of the Resolution Plan by the National Company Law Tribunal (for short, ‘the NCLT’) under the Insolvency and Bankruptcy Code, 2016 (hereinafter called as the ‘I & B Code’), were heard together on consent of the learned counsels for the parties for their disposal by common judgment.

2. The Petitioner, in all these three writ petitions, challenge the demands, which are subject matter of each of them as would be detailed in the paragraphs to follow; on identical grounds in relying upon the judgment in the case of Ghanashyam Mishra & Sons Private Limited -V- Edelweiss Asset Reconstruction Company Limited; (2021) 9 SCC 657 , which has been relied upon in the judgments passed by this Court in cases of Ferro Alloys Corporation Limited -V- State of Odisha & others; W.P.(C) No.20286 of 2020 decided on 10.12.2021, M/s. Sree Metaliks Limited -V- State of Odisha ; W.P.(C) No.8259 of 2019 decided on 21.06.2021 order dated 08.12.2022 passed in case of Adhunik Metaliks Limited -V- State of Odisha & Others; W.P.(C) No.1553 of 2022 decided on 21.06.2021 and batch.

It is stated that the demands, which have been impugned in these writ petitions are in clear violation of the provisions contained in I & B Code and the Rules as well as the Regulations made thereunder.

BACKGROUND FACTS:-

3. The State Bank of India (hereinafter referred to as the ‘SBI’), being the Financial Creditor, filed an application under Section 7 of I & B Code read with Rule 4 of the Insolvency & Bankruptcy (Application to Adjudicating Authority) Rules, 2016 against the Corporate Debtor (Orissa Manganese and Minerals Limited-OMML). The said application numbered as CP(IB) No.371/KB/2017, being filed before the Adjudicating Authority, i.e., the National Company Law Tribunal (NCLT), Kolkata Bench, Kolkata, was admitted by order dated 03.08.2017 initiating the Corporate Insolvency Resolution Process (in short, hereinafter referred to as ‘the CIRP’) in declaring a moratorium and public announcement as stated in section 14 of the I & B Code. That date when the NCLT passed the order is the Insolvency Commencement date.

Mr.Sumit Binani was appointed as the Interim Resolution Professional (IRP) for ascertaining the particulars of the Creditors and convening a Committee of Creditors (CoC) for evolving a Resolution Plan. Said appointment of IRP was confirmed by the CoC in its meeting on 04.09.2017. The IRP as the Resolution Professional (RP) thus continued the process inviting applications by issuing advertisements as per the provisions of I & B Code read with the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 (hereinafter in short, “the Insolvency Resolution Process Regulations ”). The initial period of CIRP, being one hundred and eighty (180) days as provided in sub-section (1) of section 12 of the I & B Code, on 29.01.2018 at the request of the CoC, the RP moved an application for extension of CIRP period and that was allowed by ninety (90) days more as provided under section sub-section 2 of section 12 of the I & B Code extending the period of CIRP till 2