State Bank Of India v. The Assistant Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.09.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU State Bank of India Stressed Assets Management Branch 1112, Raja Plaza Avinashi Road Coimbatore 641 037 Rep. by Chief Manager ..

Petitioner Vs.

1. The Assistant Commissioner Office of the Assistant Commissioner of Goods and Service Tax & Central Excise Pollachi Division, Jothi Nagar "D" Colony, Pollachi - 642 001.

2. The Joint Sub Registrar Negamam Tirupur, Arasapalayam Pollachi - 642 001.

..

Respondents

Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus, calling for the records of the first respondent order No.C.No.IV/16/19/2017-CE Arrears, dated 3.12.2020 and quash the same and consequently direct the second respondent to cancel the attachment order dated 22.1.2018 registered as Doc.No.5/2018 on 31.01.2018 on the file of the second respondent within a time frame.

For the Petitioner : Mr.B.Raghavulu Naidu For the Respondents : Mr.M.Santhanaraman for R1 Mr.Karthik Jagannath Government Advocate for R2

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.B.Raghavulu Naidu, learned counsel for the petitioner, Mr.M.Santhanaraman, learned counsel for the first respondent and Mr.Karthik Jagannath, learned Government Advocate for the second respondent.

2. It is not disputed that the matter under Insolvency and Bankruptcy Code, 2016 (for brevity, hereinafter referred to as, "the IBC of 2016") is pending before the National Company Law Tribunal against the corporate debtor.

3. It is submitted by learned counsel for the first respondent that once an application under Section 95 of the IBC of 2016 is filed, the adjudicating authority has to act on it. It is further submitted that Section 60 of the IBC of 2016 provides that the adjudicating authority, with regard to insolvency resolution and liquidation for corporate persons including corporate debtors and personal guarantors, is the National Company Law Tribunal.

4. Learned counsel for the petitioner and learned counsel for the first respondent are ad idem that the matter will have to be dealt with by the National Company Law Tribunal.

5. In the light of that, the writ petition stands disposed of. The petitioner may take steps before the National Company Law Tribunal, as may be permissible in law. In that event, all the contentions of the respective parties are kept open.

6. In view of the disposal of the present writ petition, the interim order, granted earlier, does not survive.

7. There will be no order as to costs. Consequently, W.M.P.No.2031 of 2021 is closed.

(S.V.G., CJ.) (P.D.A., J.) 05.09.2023 Index :

Yes/No :

Yes/No drm

To

1. The Assistant Commissioner Office of the Assistant Commissioner of Goods and Service Tax & Central Excise Pollachi Division, Jothi Nagar "D" Colony, Pollachi - 642 001.

2. The Joint Sub Registrar Negamam Tirupur, Arasapalayam Pollachi - 642 001.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(drm) 05.09.2023