# In the matter of Maha Mineral Mining and Benefication Private Limited vs. Gram Panchayat, Gowari

> HC judgment dated 2024-10-08. Citation: TCN-2024-HC-00023. Maha Mineral Mining and Benefication Private Limited filed a writ petition seeking to quash a…

- **Court:** HC
- **Order date:** 8 Oct 2024
- **Citation:** TCN-2024-HC-00023
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-new-delhi/maha-mineral-mining-and-benefication-private-limited-vs-gram-panchayat-gowari-cb12abf1

## Summary

### Background

Maha Mineral Mining and Benefication Private Limited filed a writ petition seeking to quash a demand notice issued by Gram Panchayat, Gowari, for tax dues pertaining to a period before the petitioner acquired assets of Gupta Global Resources Private Limited under the Insolvency and Bankruptcy Code (IBC), 2016. Gupta Global Resources Private Limited had availed credit facilities but defaulted, leading to the initiation of Corporate Insolvency Resolution Process (CIRP) under Section 10 of the IBC. The CIRP failed, and the NCLT ordered liquidation of Gupta Global Resources Private Limited. The petitioner acquired the assets through an auction during the liquidation process.

## Facts

Gupta Global Resources Private Limited faced financial difficulties and initiated CIRP under Section 10 of IBC. NCLT admitted the petition on 2017-10-04, appointing an Interim Resolution Professional (IRP). The IRP made a public announcement on 2017-10-10, inviting creditors to submit claims by 2017-10-21. A Committee of Creditors (CoC) was formed, but no resolution plan was approved. NCLT ordered liquidation on 2018-08-28. A Liquidator was appointed, who issued a public announcement calling for claims by 2018-09-27. The Gram Panchayat, Gowari, did not submit any claim. The Liquidator took possession of assets and called for sale on 2019-05-15. The petitioner, Maha Mineral Mining and Benefication Private Limited, placed the highest bid on 2019-06-03 and received a sale

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## Issues and analysis

### Issue 1: Whether the demand notice issued by the Gram Panchayat for tax dues pertaining to the period prior …

**Ratio:** The resolution plan approved under Section 31 of the IBC is binding on all stakeholders,

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**Reasoning:** The court reasoned that the Gram Panchayat, as an operational creditor, had a statutory

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**Interpretation:** Section 31 of the IBC, as amended, clearly prescribes that the resolution plan

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**Application:** The court applied the ratio to the facts by noting that the Gram Panchayat did

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## Parties

- **Judges:** Bharati D…; ABHAY J.…
- **Appellants:** Maha Mineral…
- **Respondents:** Gupta Global…; Gram Panchayat,…
- **Other parties:** Kohi…

## Timeline

- **2017-10-04 — NCLT Admits CIRP…**: NCLT admitted the petition for Corporate Insolvency Resolution Process (CIRP) of Gupta…
- **2017-10-10 — Public Announcement by…**: Interim Resolution Professional (IRP) made a public announcement inviting creditors to…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 36 — Liquidation estate](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-36)

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