Under Section 60(5) of Insolvency &

Bankruptcy Code, 2016

Melkar TTI Biofuels Limited

…Applicant/

Vs.

Gulshan Kumar Gupta & Others

…Respondent

In the matter of

C.P.(IB) No. 977/MB/2019

United Bank of India …Financial Creditor

Vs.

Gadhinglaj Agro Alchochem Limited

Corporate Debtor

Order delivered on: 12.03.2024

Coram:

Shri Prabhat Kumar Justice Shri V.G. Bisht

Hon’ble Member (Technical) Hon’ble Member (Judicial)

Appearances

For the Applicant : Mr. B.Gopalakrishnan, Advocate

For the Respondent : Mr. Soham Bhalerao, Advocate

CP (IB) 977/MB/C-I/2019 For State Tax Department : Mr. Amar Mishra, Advocate For the Liquidator : Mr. Navin Arora, Advocate ORDER Per: Prabhat Kumar, Member (Technical)

1. This Application IA 1040 of 2023 is filed by Melkar TTI Biofuels Limited u/s 60 (5) of the Insolvency and Bankruptcy Code, 2016 on 14.03.2023 in the liquidation proceeds of Gandhinglaj Agro Alchochem Limited (Corporate Debtor) seeking following reliefs:

a. The Tribunal be pleased to hold that the collection by Respondent no..

2 i.e. The Commissioner, Maharashtra Excise Department from the Applicant being the amount due and payable by the Corporate Debtor company which is under Liquidation is ipso facto void-ab-initio