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IN THE HIGH COURT OF ORISSA AT CUTTACK
S.K.PANIGRAHI
Jsw Energy (Utkal) Limited – Appellant
Versus
State of Odisha, Revenue And Disaster Management Department – Respondent
| Table of Content |
|---|
| 1. factual background of the case (Para 3) |
| 2. arguments presented by parties (Para 4 , 5) |
| 3. court's initial observations on issues (Para 6 , 7 , 8) |
| 4. interpretation of the ibc provisions (Para 9 , 10 , 11 , 12 , 13) |
| 5. evidence and applications of law to facts (Para 14 , 15 , 16 , 17 , 18 , 19) |
| 6. judgment on the legality of demands (Para 20) |
| 7. order for refund and judgment conclusion (Para 21 , 22 , 23) |
JUDGMENT :
S.K. Panigrahi, J.
1. The Petitioner, in the present Writ Petition, is challenging the actions of the Tahasildar, Lakhanpur, District-Jharsuguda, Odisha, specifically the issuance of a Certificate of Public Demand dated 12.02.2020, PR No.1 dated 25.01.2023, Letter No. 734 dated 17.02.2023, Letter No. XXI-11/2023 No. 5855 dated 31.10.2023, PR No. 7 dated 17.11.2023; and Letter No. 4925 dated 11.09.2024.
2. The Petitioner has already deposited the demanded dues under protest and now seeks a refund of the amount deposited.
I. FACTUAL MATRIX OF THE CASE
3. The brief facts of the case are as follows:
(i) The Petitioner, formerly Ind-Bharath Energy (Utkal) Limited and now JSW Energy (Utkal) Limited, is a company incorporated under the Companies Act, 2013, with its regist
Once a resolution plan is approved under the Insolvency and Bankruptcy Code, all claims for periods prior to its implementation are extinguished and cannot be enforced against the corporate debtor.
The approval of a resolution plan under the IBC extinguishes all claims not included in the plan, including tax liabilities.
The approved Resolution Plan under the Insolvency and Bankruptcy Code binds all creditors, extinguishing claims not included, ensuring no surprise liabilities arise post-approval.
Claims against a successful resolution applicant for dues not presented during CIRP are extinguished after approval of the resolution plan, confirming the clean slate principle.
The approval of a resolution plan under the IBC extinguishes all claims not included in the plan, including tax liabilities, ensuring a fresh start for the corporate debtor.
Approved resolution plans under the Insolvency and Bankruptcy Code extinguish all pre-CIRP claims not included, including statutory dues from tax authorities.
Approved resolution plan under IBC Section 31(1) extinguishes all pre-CIRP unsubmitted statutory dues; tax reassessment proceedings post-approval are barred by Section 238's overriding effect and cle....
Point of Law - NCLAT judgment in holding that claims that may exist apart from those decided on merits by the resolution professional and by the Adjudicating Authority/Appellate Tribunal can now be d....
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