The appeal was filed against an order dated 02.02.2024 passed by the Adjudicating Authority (National Company Law Tribunal, Mumbai Bench) in I.A.4379/2023 in C.P. (IB)/503(MB)/2021, which allowed I.A.4379/2023 filed by the Resolution Professional (RP). The RP filed the application seeking direction to handover the possession of the Corporate Debtor's property, which the Appellant (Pimpri Chinchwad Municipal Corporation) had attached for recovery of property tax.
Pimpri Chinchwad Municipal Corporation (Appellant) attached the assets of the Corporate Debtor for recovery of property tax amounting to ₹29,86,959/- on 17.11.2019, prior to the initiation of the Corporate Insolvency Resolution Process (CIRP). The Resolution Professional (RP) filed an application (I.A.4379/2023) seeking direction to handover the possession of the Corporate Debtor's property. The Adjudicating Authority allowed the RP's application. The Appellant argued that the Respondent should have filed an appeal under Section 406 of the Maharashtra Municipal Corporation Act, 1949, before seeking de-attachment. The Respondent contended that they had already filed a claim in the CIRP, which was admitted by the RP. The RP's claim has been admitted for ₹27,66,333/- out
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The Municipal Corporation attached the assets…
Judgement of the Hon'ble Bombay High Court…
The appeal was filed against an order dated 02.02.2024 passed by the Adjudicating Authority (National Company Law Tribunal, Mumbai Bench) in I.A.4379/2023 in C.P. (IB)/503(MB)/2021, which allowed I.A.4379/2023 filed by the Resolution Professional (RP). The RP filed the application seeking direction to handover the possession of the Corporate Debtor's property, which the Appellant (Pimpri Chinchwad Municipal Corporation) had attached for recovery of property tax.
Pimpri Chinchwad Municipal Corporation (Appellant) attached the assets of the Corporate Debtor for recovery of property tax amounting to ₹29,86,959/- on 17.11.2019, prior to the initiation of the Corporate Insolvency Resolution Process (CIRP). The Resolution Professional (RP) filed an application (I.A.4379/2023) seeking direction to handover the possession of the Corporate Debtor's property. The Adjudicating Authority allowed the RP's application. The Appellant argued that the Respondent should have filed an appeal under Section 406 of the Maharashtra Municipal Corporation Act, 1949, before seeking de-attachment. The Respondent contended that they had already filed a claim in the CIRP, which was admitted by the RP. The RP's claim has been admitted for ₹27,66,333/- out
…The Municipal Corporation attached the assets…
Judgement of the Hon'ble Bombay High Court…