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.

ORDER

1. The present Application has been filed under Section 31 (4) and Section 60 (5) of the Insolvency and Bankruptcy Code 2016 (IBC) by M/s. Leesa Lifesciences Pvt Ltd (“erstwhile Corporate Debtor”) represented by and presently held under the management of Resolution Applicant, M/S PSN Medicare Pvt Ltd (“Successful Resolution Applicant/SRA”) seeking waiver of statutory dues as per demands made by the Respondents No.1 to 4 Applicant’s Case

2. This Authority has approved the Resolution Plan submitted by the Applicant on 18.10.2022 in Company Petition CP (IB) 744/7/HDB/2018 (Annexure – 1) and on account of successful takeover of the unit of the erstwhile Corporate Debtor, the Successful Resolution Applicant and the erstwhile Corporate Debtor are one and the same.

3. The Applicant deposited the entire Resolution Plan amount of Rs 1411 lakhs with IDBI: SR Nagar Branch, Hyderabad and accordingly the Resolution Professional after obtaining due permission from Implementation Committee, delivered all the moveable and immovable properties belonging to the Corporate Debtor on 2.12.2022 to the SRA (Annexure – II)

4. Clause 20 of order dated 18.10.2022 specifically provides “henceforth no creditors of erstwhile Corporate Debtor can claim anything other than the liabilities referred to subpar (Resolution Plan).” However, some statutory authorities who have not placed their claims before the Resolution Professional till the closure of CIRP initiated demands seeking payment of pending dues and requiring the Applicant to perform the past obligations of the erstwhile Corporate Debtor.

5. The Southern Power Distribution Company of TS, Jadcherla (“Respondent No. 1”) issued a demand notice to the erstwhile Corporate Debtor on 14.8.2023 seeking a payment of Rs6,45,845/- within 15 days of receiving the notice. The Applicant in response to the said notice vide his letter dated 24.8.2023 requested the said department to square off all the dues outstanding prior to the date of approval of Resolution Plan by the Adjudicating Authority. It is claimed that the Applicant is regularly paying the monthly consumption bills without fail.

6. It is averred that the Respondent No 1 without issuing any prior intimation disconnected the power supply, thereby compelling the Applicant to stop operations of the unit and Respondent No 1 issued a letter dated 28.8.2023 intimating about the disconnection of power supply (Annexure- III to V).

7. The Telangana State Industrial Infrastructure Corporation Ltd (TSIIC), Jadcherla (“Respondent No.2”) issued a demand notice to the erstwhile Corporate Debtor on 12.1.2023 seeking a payment of Rs 84,17,550/- within 15 days of receiving the notice. The Applicant in response to the said notice vide his letter dated 31.1.2023 requested the said department to square off all the dues outstanding prior to the date of approval of the Resolution Plan i.e., upto 18.10.2022.

8. However, Respondent No 1 without considering the request of the Applicant issued a revised demand notice by enhancing the demand to Rs 91,89,789/- without any justification (Annexures- VI to VIII) and the contents of the same may be treated as part and parcel of this application.

9. The Assistant General of Foreign Trade, Kavadiguda, Hyderabad (“Respondent No. 3”) issued two demand notices to the erstwhile Corporate Debtor on 12.4.2023 requiring the Applicant to perform the past export obligations of the Corporate Debtor by submitting the documents mentioned in the notice or pay the customs duty against saved value of Rs 32,73,671- for each of the transaction together with interest within a period of 10 days.

10. Respondent No 3 issued a fresh demand notice on 27.04.2023 covering 6 of such transactions including two mentioned through the notice dated 12.4.2023. T