# In the matter of Tiger Surgical Disposable Pvt. Ltd. vs. Principal Commissioner of Customs

> HC judgment dated 2025-01-09. Citation: TCN-2025-HC-00055. The case involves a challenge to an order dated 19.01.2023 issued under the Customs Act, 1962,…

- **Court:** HC
- **Order date:** 9 Jan 2025
- **Citation:** TCN-2025-HC-00055
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-new-delhi/tiger-surgical-disposable-pvt-ltd-vs-principal-commissioner-of-customs-ccd18d40

## Summary

### Background

The case involves a challenge to an order dated 19.01.2023 issued under the Customs Act, 1962, which confirmed a demand for customs duty and imposed a penalty on Tiger Surgical Disposable Pvt. Ltd. The petitioner argues that this order violates Section 31 of the Insolvency and Bankruptcy Code (IBC), 2016, given that a resolution plan had already been approved for the company. The petitioner relies on Supreme Court judgments, including the Edelweiss case, to support the argument that once a resolution plan is approved, claims not included in the plan are extinguished. A Company Petition (I.B.) No. 199 of 2018 was filed by J. M. Financial Asset Reconstruction Company Ltd under Section 7 of IBC for initiation of Corporate Insolvency Resolution Process before the NCLT,

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## Facts

Tiger Surgical Disposable Pvt. Ltd. faced a Company Petition (I.B.) No. 199 of 2018 filed by J. M. Financial Asset Reconstruction Company Ltd under Section 7 of the Insolvency and Bankruptcy Code (IBC), 2016, initiating Corporate Insolvency Resolution Process before the NCLT, Ahmedabad Bench. An IRP, Mr. Hiten M Parikh, invited claims against the Petitioner through a public advertisement dated 02.08.2019. A resolution plan was submitted and approved by the CoC on 28.11.2019 with 100% voting. The RP filed Interlocutory Application No. 54 of 2020 in Company Petition (I.B.) No. 199 of 2018 under Section 30(6) of the I.B. Code for obtaining the approval of resolution plan of Ld. NCLT. A show cause notice dated 24.07.2019 was issued by the Directorate of Revenue

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## Issues and analysis

### Issue 1: Whether the impugned order dated 19.01.2023 issued under the Customs Act, 1962, confirming the …

**Ratio:** The legal principle is that once a resolution plan is duly approved by the adjudicating

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**Reasoning:** The court reasons that the Apex Court in the Edelweiss case has categorically held that

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**Interpretation:** This means that the 2019 Amendment to Section 31 IBC is clarificatory and

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**Application:** In this case, the customs duty, interest, or penalty proposed by the respondent

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## Parties

- **Judges:** BHARGAV D.…; D.N.…
- **Respondents:** Tiger Surgical…; Principal…
- **Advocates:** Jaimin…; Hetvi H Sa…

## Timeline

- **2018-01-01 — Company Petiti…**: Company Petition (I.B.) No. 199 of 2018 was filed by J. M. Financial Asset Reconstruction…
- **2019-08-02 — IRP Invites…**: The IRP, Mr. Hiten M Parikh invited claims against the Petitioner through a public…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

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