KOLKATA

I.A. No. 1178/KB/2022

in

C.P. (I.B) 170/KB/2017

An application under section 60(5) of the Insolvency and Bankruptcy Code, 2016 read

with Rule 11 of the National Company Law Tribunal Rules, 2016

In the matter of:

RBL Bank Limited

………. Financial Creditor

-versus-

MBL Infrastructure Limited

………….. Corporate Debtor

And

1. MBL Infrastructure Limited

2. Anjanee Kumar Lakhotia

………. Applicants

-versus-

1. Union of India, through Secretary, Department of Revenue, Ministry of

Finance, Govt. of India;

2. Deputy Commissioner of Income tax;

3. Assessing Officer, Income Tax Department.

………….. Respondent

Date of Pronouncement of the order: 13 March 2024

Coram:

Bidisha Banerjee, Member (Judicial)

Balraj Joshi, Member (Technical)

Appearances (via video conferencing/physical):

Mr. Ratnanko Banerji, Sr. Adv. ] For the Applicant in IA(I.B.C)/1178(KB)2022, Mr. Shaunak Mitra, Adv. ] IA(I.B.C)/511(KB)2023 &

IA(I.B.C)/1102(KB)2022 Mr. Kanishk Kejriwal, Adv. ] For the Respondent in MA(IBC)/2(KB)2022 Ms. Neha Somani, Pr. CS. ]

Ms. Ritika Priya, Adv. ] For the Applicant in MA(IBC)/2(KB)2022 Mr. Anjan Chakraborty, Adv. ] For the Respondent No.2 Mr. Raja Satyajit Banerjee, Adv. ] Ms. Krishnika Chatterjee, Adv. ]

ORDER

Per Balraj Joshi, Member (Technical):

1. This Court convened through hybrid mode.

2. This is an application under section 60(5) of the Insolvency and Bankruptcy Code, 2016 (herein after referred as “the Code” or “IBC”) by MBL Infrastructure Limited i.e. the Corporate Debtor and Anjanee Kumar Lakhotia i.e. successful resolution applicant, seeking the following reliefs:

a. Injunction restraining the Respondents from acting in contravention of the Resolution Plan or making any demands or adjustments not contemplated in the Resolution Plan;

b. Order of injunction restraining the Respondents from demanding payment of dues of income tax, if any, prior to 01.01.2025 and/or from alleging any default in payment by the Applicants prior to expiry of three years from 01.01.2025;

c. Order of injunction restraining the Respondents from claiming any penal interest, simple interest, compound interest, damages, penalties, or compounding charges for demands pertaining to the period upto the approval of the Resolution Plan and/or for demands raised pursuant to matters which were sub-judice or under dispute at the time of approval of the Resolution Plan;

d. The Respondents be directed to forthwith refund the amounts along with interest due under Section 244A of the Income Tax Act, 1961 to the Applicant No.1 for Assessment Years 2005-06 to 2018-19, as indicated in Annexures H & K hereto, in accordance with the provisions of the Resolution Plan as approved by the Hon'ble Adjudicating Authority on 18.04.2018 and the respondents be restrained from adjusting any refunds due to the Applicants towards demands of income tax made for the period prior to approval of the Resolution Plan;

e. Order of injunction restraining the Respondents from adjusting the refunds due to the Applicant No.1 towards any demand made for a matter which was sub-judice or under dispute at the time of approval of the Resolution Plan, for a period of 7 years after the final judgement is delivered in the sub-judice matters;

f. Order of injunction restraining the Respondents from making any fresh claims or demands for Assessment Years 2005-06 to 2018-19 under the Income Tax Act, 1961;

g. Order be passed to quash and adjudge null and void, the demand notices, penalty notices and show cause notices to the Applicants after the approval of the Resolution Plan as detailed in paragraph no. 19 above;

h. Order of injunction restraining the Respondents from taking any steps or further steps on the basis of the demand notices, penalty notices and show cause notices as detailed in paragraph nos.19, 25 & 26 above;

i. Ad-interim orders in terms of prayers above;

j. Pass any other or further orders/directions that may be deemed fit and appropriate in the above facts of the case.

3. Submissions on behalf ofthe Applicant The submissions of the App