(07^th February, 2023)

Justice Anant Bijay Singh;

The instant Appeal was heard together with Company Appeal (AT)

(Insolvency) Nos. 241 and 242 of 2022. The instant Appeal preferred under

Section 61 of the Insolvency and Bankruptcy Code, 2016 (for short IBC) being

aggrieved and dissatisfied by the order dated 20.01.2021 passed by the

Adjudicating Authority (National Company Law Tribunal, Guwahati Bench,

Guwahati) in IA No. 10 of 2020 in C.P. (IB) No. 20/GB/2017 wherein the

application i.e. I.A. No. 10 of 2020 filed by the Respondent herein /Corporate

Debtor- Assam Company India Ltd. prayed for the following reliefs:

i) Direction to be given to the respondents for stay of all the

operations for attachment against the Applicant.

ii) Setting aside of the order for attachment.

iii) Recalling of the observation passed by the Hon’ble National

Company Law Tribunal, Guwahati.

iv) Ad-interim order in terms of prayers above.

By which the Adjudicating Authority passed the following orders:

“20. Since the Respondents have filed its further claim by issuing

attachment notices dated 28.01.2020 under Section 226 (3) of the

Income Tax Act, 1961 attaching a sum of Rs. 6,71,05,730.00 towards

Income T