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2022 Supreme(Telangana) 3

UJJAL BHUYAN, CHILLAKUR SUMALATHA
Sirpur Paper Mills Limited – Appellant
Versus
Union of India – Respondent


JUDGMENT AND ORDER:

(Per Hon’ble Sri Justice Ujjal Bhuyan)

Heard Mr. S.Niranjan Reddy, learned senior counsel for the petitioners and Ms.Mamatha Chowdary, learned counsel for the respondents.

2. By filing this petition under Article 226 of the Constitution of India, petitioners seek quashing of notices dated 22.09.2019, 21.10.2019 and 30.10.2019 issued by respondent Nos.2 and 3 for the assessment year 2017-18 as being illegal and non-est and further seek a direction to the said respondents not to reopen their claims which were settled in insolvency proceedings.

3. Petitioner No.1 is a company incorporated under the Companies Act, 1956 and is engaged in the business of paper manufacturing. Similar is the status of petitioner No.2.

4. M/s. Rama Road Lines and others had filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC) as operational creditor for initiating corporate insolvency resolution process of petitioner No.1. The said application was admitted on 18.09.2017 by the National Company Law Tribunal (briefly, ‘the Tribunal’ hereinafter). By virtue of order of the Tribunal, Section 13 of IBC came into play and moratorium was ordered. As per Section 21 o

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