M/S.Bhusan Steel Ltd. v. Talcher-Angul Meramandali Development Authoritytamda

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.A. No.53 of 2015 M/s. Bhushan Steel Ltd., Dhenkanal ....

Appellant Mr. N. Panda, Advocate and Mr. S. P. Sarangi, Advocate for Tata Steel Limited -versus- ....

Respondents The Talcher-Angul Meramandali Development Authority, Angul and others Mr. Ishwar Mohanty, ASC for State

CORAM:

THE CHIEF JUSTICE JUSTICE CHITTARANJAN DASH Order No.

ORDER

21.09.2022 Misc. Case No.81 of 2015 02.

1. For the reason stated, the delay of 48 days in filing the appeal is condoned. The Misc. Case is allowed.

W.A. No.53 of 2015

2. It is pointed out that M/s. Bhushan Steel Limited has been taken over by M/s. Tata Steel Limited and there is a resolution plan approved by the National Company Law Tribunal and further confirmed by the Company Law Appellate Tribunal in terms of which, the dues of the Respondent have to be dealt with.

3. In that view of the matter, the writ appeal is disposed of with a direction that notwithstanding the judgment of the learned Single Judge, the dues owed by the Appellant to the Respondents shall be considered in light of the judgment of the Supreme Court of

India in Ghanashyam Mishra and Sons Private Limited v. Edelweiss Asset Reconstruction Company Limited, (2021) 9 SCC 657, which explains the legal position in this regard. (Dr. S. Muralidhar) Chief Justice (Chittaranjan Dash) Judge M. Panda