NATIONAL COMPANY LAW TRIBUNAL COURT ROOM NO. 1, MUMBAI BENCH Item No. 42 IA (I.B.C)/4493 (MB) 2025 in C.P. (IB)/2525(MB)2019 CORAM:

SH. PRABHAT KUMAR SH. SUSHIL MAHADEORAO KOCHEY HON’BLE MEMBER (TECHNICAL) HON’BLE MEMBER (JUDICIAL)

ORDER SHEET OF THE HEARING ON 12.01.2026 NAME OF THE PARTIES: ORIENTAL BANK OF COMMERCE V/s VIVITA LIMITED Section 60(5) & 7 of the Insolvency and Bankruptcy Code, 2016 __________________________________________________________________

ORDER

IA(I.B.C)/4493( MB)2025 in C.P. (IB)/2525(MB)2019

1) Ms. Milly Ghoshal, Ld. Counsel for the Applicant is present. None present for Respondents, when the matter is called out.

2) The present Interlocutory Application has been filed by the Applicant, viz. V Square & Bombay Road Carrier, against Respondents, (i.e. Gram Panchayat, Through its Upasarpanch Mr. Sopan Dnyaneshwar Dhindale Kanhe, Taluka.- Maval, Dist – Pune and Office of the Assistant Commissioner of Income Tax, Circle 151(2), ROOM NO:483A, 4th Floor, Aayakar Bhavan, Maharishi Karve Road, Mumbai - 400 020) praying for the following reliefs:

3) Record reveals that the matter was listed on Board on 10.12.2025, on which date, last opportunity was granted to the Gram Panchayat as well as Income Tax Department to enter appearance, failing, it was recorded that the matter shall be proceeded further. However, despite the clear and categorical directions on the earlier occasions, the Respondents herein chose not to appear and file their say in the matter. In that view of the matter, the present Interlocutory Application against the Respondents, is thus, proceeded ex parte.

4) We have heard the Ld. Counsel for the Applicant and perused the material available on record.

5) Brief facts leading to the case in hands are as follows:

a. The Corporate Insolvency Resolution Process (CIRP) of the Corporate Debtor was initiated by this Tribunal vide Order dated 19.09.2019 upon admission of a Company Petition under Section 7 of Insolvency and Bankruptcy Code, 2016 filed by Oriental Bank of Commerce.

b. After the Public Announcement, the Resolution Professional under Section 30(6) of the Insolvency and Bankruptcy Code, 2016 had filed an Interlocutory Application bearing No. IA 2253 of 2020 seeking approval of the Resolution Plan submitted by the Applicant herein, which was came to be approved by this Tribunal vide Order dt. 21.06.2021.

c. The Applicant while taking charge of the Corporate Debtor discovered dues towards the property tax to be paid to the Gram panchayat i.e. the Respondent No. 1 and thus vide letter dated 18.11.2022 approached the Respondent No. 1 seeking waiver of dues if any in light of the resolution plan been approved by this Tribunal. It is further submitted that only thereafter, a notice dated 22.11.2022 for property tax recovery from Gram Panchayat i.e. the Respondent No. 1 against the Corporate Debtor for an amount Rs. 57,84,293/- was served upon the Applicant qua the Corporate Debtor.

d. Further, a recovery notice was received from Income Tax Department (Respondent no. 2 herein) for an amount Rs.7,39,06,905/- by an email dated 01.01.2024 for past dues of FY 2001-02 to FY 2010-11 wherein an order dated 07.09.2023 was passed by the Income Tax Authority against the Corporate Debtor.

e. The Applicant further visited the office of the Respondent No. 2 and explained about the approval of the Resolution Plan, however, the said Respondent remained unconvinced and denied to withdraw any such demands against the Corporate Debtor.

6) Hence, the present Interlocutory Application. We have perused the material on record.

7) The Applicant has sought specific directions against Respondents more fully mentioned in the prayer clause of the Application on the ground of approval of the Resolution Plan. It is settled law that all the authorities, including stakeholders, must abide by the plans and take actions in accordance thereof in dealing with the prayers of successful resolution applicant to facilitate implementation of approved