BEFORE THE HON'BLE NATIONAL COMPANY LAW TRIBUNAL KOLKATA BENCH AT KOLKATA IA. (IB) NO. 1983/KB/2024 IN C.P. (IB) No. 186/KB/2023 And Techon Commercial Private Limited .... Financial Creditor Versus Super Forgings & Steels Limited .... Corporate Debtor And Kanakabha Ray, Resolution Professional of Super Forgings & Steel Limited having office at Intelligent IP Management Solutions Private Limited, YMCA Building, 2'd Floor, 25 Jawaharlal Nehru Road, Kolkata- 700087.

... Resolution Professional/ Applicant Versus

1. The Deputy Commissioner, Dankuni Division, CGST & C. Ex. Howrah Commissionerate, having its office at Bank of Baroda Building (1» Floor), Fatakgora, Station Road, Hooghly- 712136

2. The Commissioner, CGST & CX, Kolkata Appeal- II Commissionerate having its office at Bamboo Villa, 3 Floor, 169 AJC Bose Road, Kolkata- 700014.

3. The Commissioner of Central Excise, Kolkata-IV having its office at M.S.

Building, 7m Floor, Customs House, 15/1, Strand Road, Kolkata- 700001.

4. The Assistant Commissioner, Dankuni Division, CGST & C. Ex., Howrah Commissionerate having its office at Bank of Baroda (1» Floor), Fatakgora Station Road, Hooghly - 712136.

. . . . Respondents Order Pronounced on 27.02.2026 Coram LABH SINGH, HON’BLE MEMBER (JUDICIAL)

REKHA KANTILAL SHAH, HON’BLE MEMBER (TECHNICAL)

Present Ms. Mamta Binani,Adv. ] For the RP Mr.Devesh Kumar Bhutra,Adv. ]

Mr.Rabindra Kumar Mitra,Adv. ]For the RP in IA 1983/2024 Ms.Kanakabha Roy,Adv. ]

Mr.Avijit Tewary,Adv. ] For the Applicant in IA 1173/2025 Mr.Jai Narayan Gupta,CA ] Dr.Vishal Gupta,ADv. ] Mr.Debabnjan Das,Adv. ] Ms.Tamalika Das,Adv. ] Mr.Aman Agarwal,Adv. ] Mr.Awadhesh Kumar Rai,Adv. ]

ORDER LABH SINGH, JUDICIAL MEMBER

1. The present application has been filed by the Resolution Professional under Section 60(5) the Insolvency and Bankruptcy code, 2016 read with Rule 11 of the NCLT Rules, 2016 for directions upon the Respondents to refund a sum of Rs. 25,00,000 (Rupees Twenty Five Lakh Only) along with the interest as per the provisions of Section 35FF of Central Excise Act, 1944 deposited by the Corporate debtor prior to preferring the Excise Appeal No. 380 of 2008 arising out of Order in Original No.6/ Commissioner/CE/Kol-IV/2008 dated 05.05.2008 passed by Commissioner of Central Excise, Kolkata- IV Commissionerate in terms of Section 35F of the Central Excise Act, 1944.

2. Brief facts are that on application filed by Techon Commercial Private Limited (Hereinafter referred to as a "Financial Creditor") under Section 7 of the Insolvency and Bankruptcy Code 2016, this Tribunal vide order dated 01.01.2024 initiated CIRP of Super Forgings & Steels Limited, the Corporate Debtor and appointed one Mr. Rajiv Kumar Agarwal as the Interim Resolution Professional (for short "IRP") of the Corporate Debtor.

3. Pursuant to initiation of CIRP, IRP made Public Announcement in Form ‘A’ under Regulation 6 of the IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 on 03.01.2024 inviting proof of claims by 14.01.2024. Thereafter, the applicant was appointed as Resolution Professional vide order dated 19.03.2024 and subsequent to his appointment as the RP, the applicant took necessary steps with regards to the management of affairs of the Corporate Debtor.

4. The applicant came to know about an appeal filed before the Ld. Customs Excise and Service Tax Appellate Tribunal( for short “CESTAT") being Excise Appeal No. 380 of 2008 arising out of Order-in-original No. 6/Commissioner/ CE/ Kol-IV/2008 dated 05.05.2008 passed by Commissioner of Central Excise, Kol-IV, Commissionerate. The applicant came to know from papers of appeal that the Corporate Debtor had preferred the said appeal being aggrieved by an impugned order dated

05.05.2008 passed by the Commissioner of Central Excise Commissionerate and the said appeal was allowed vide order dated 09.01.2024.

5. It is further submitted that, for filing an appeal before the Ld. CESTAT or Commissioner (Appeals), the Corporate Debtor, in term