# In the matter of Joint Commissioner of State Taxes and Excise (SEZ) vs. Radiant Castings Pvt. Ltd.

> NCLAT judgment dated 2025-07-09. Citation: TCN-2025-NCLAT-00324. The appeal arises from an order dated 20.02.2025 passed by the Adjudicating Authority…

- **Court:** NCLAT
- **Order date:** 9 Jul 2025
- **Citation:** TCN-2025-NCLAT-00324
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/joint-commissioner-of-state-taxes-and-excise-sez-vs-radiant-castings-pvt-ltd-914c204a

## Summary

### Background

The appeal arises from an order dated 20.02.2025 passed by the Adjudicating Authority (National Company Law Tribunal, New Delhi Bench-III) in IB-741(ND)/2021, rejecting I.A. No. 5488 of 2023 filed by the Appellant seeking recall of the order dated 30.08.2023, which approved the resolution plan of the Corporate Debtor.

## Facts

The Appellant, Joint Commissioner of State Taxes & Excise, filed an appeal against the order of the Adjudicating Authority.

The Adjudicating Authority rejected the Appellant's application seeking recall of the order approving the resolution plan of the Corporate Debtor.

The Appellant claimed that the resolution plan was unjust and inequitable as it allocated a small percentage of the total claim for Government Dues.

The Respondents contended that the resolution plan was approved by the CoC with 70.02% voting share.

The Appellant had only filed claims for Rs 2.61 Cr, which was duly considered and admitted by the RP.

The Adjudicating Authority held that the prayers in the recall application cannot be allowed as it would amount to a review of the orders passed on 30.08.2023.

…

## Issues and analysis

### Issue 1: Whether the Adjudicating Authority was justified in rejecting the Appellant's application seeking …

**Ratio:** The Adjudicating Authority was justified in rejecting the Appellant's application seeking

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**Reasoning:** The Adjudicating Authority held that the prayers in the recall application cannot be

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**Interpretation:** The Adjudicating Authority has no

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**Application:** The Adjudicating Authority correctly rejected the Appellant's application

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## Parties

- **Judges:** Ashok Bh…; Barun M…; +1 more
- **Appellants:** Joint Commissioner…
- **Respondents:** M/s Radiant…; Vasudeo A…
- **Advocates:** Mandakini…; Ashima M…; +2 more

## Timeline

- **2025-02-20 — Impugned…**: Order passed by the Adjudicating…
- **2023-08-30 — Order Approving…**: Order passed by the Adjudicating Authority approving the resolution plan of the Corporate…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 61 — Appeals and Appellate Authority](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-61)

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