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2024 Supreme(Online)(KAR) 29655

HIGH COURT OF KARNATAKA
S.G.PANDIT, C.M. POONACHA, JJ
M/S PATANJALI FOODS LIMITED (FORMERLY KNOWN AS M/S RUCHI SOYA INDUSTRIES LTD) – Appellant
Versus
COMMISSIONER OF CUSTOMS – Respondent


Advocates:
For the Appellants/Petitioners: SRI RAJESH RAWAL, SRI CHANDRASHEKAR REDDY K P
For the Respondents: SRI JEEVAN J NEERALGI

Table of Content
1. factual context of ruchi soya's insolvency. (Para 2 , 3)
2. arguments regarding appeal abatement and extinguished liabilities. (Para 4 , 8 , 9)
3. observations on the impact of resolution plans. (Para 11 , 12 , 16)
4. ratio related to claims in approved resolution plans. (Para 14)
5. final conclusions and order of the court. (Para 21)

CAV JUDGMENT

(PER: HON'BLE MR JUSTICE C.M. POONACHA)

The present appeal is filed under Section 130 of the Customs Act , 1962, Hereinafter referred to as ‘ Customs Act challenging the Final Order No.21268/2023 dated 17.11.2023 passed in Custom Appeal No.2657/2012 by the Customs, Excise and Service Tax Appellate Tribunal, Bangalore, Hereinafter referred to as ‘CESTAT’.

2. The relevant facts leading to the present appeal are that the assessee - Ruchi Soya Industries Ltd.,, Hereinafter referred to as ‘Ruchi Soya’ was carrying on business of, inter alia¸ import of Crude Palm Oil of Edible grade in bulk. The said Ruchi Soya imported 8499.980 MTs., first Grade bulk oil which arrived at the New Mangalore Port on 22.2.2011 and 28 bills of entry dated 21.2.2011 were filed for clearance claiming duty exemption as per notification dated 1.3.2002. I

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