# In the matter of Maxx Mobile Communication Ltd. IA No. 2643-MB-2019 in CP (IB) No. 1687-MB-2018

> NCLT judgment dated 2021-02-11. Citation: TCN-2021-NCLT-03069. The case involves multiple Interlocutory Applications (IAs) filed in connection with a…

- **Court:** NCLT
- **Order date:** 11 Feb 2021
- **Citation:** TCN-2021-NCLT-03069
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/maxx-mobile-communication-ltd-ia-no-2643-mb-2019-in-cp-ib-no-1687-mb-2018-791f45c9

## Summary

### Background

The case involves multiple Interlocutory Applications (IAs) filed in connection with a Corporate Insolvency Resolution Process (CIRP) initiated against Maxx Mobile Communications Ltd. The IAs pertain to the withdrawal of attachment notices issued by various authorities, including the Income Tax Department and the Commissioner of Customs, on the assets and bank accounts of the Corporate Debtor. The Resolution Professional, Ashok Kumar Dewan, seeks the removal of these attachments to facilitate the liquidation process, as the Corporate Debtor has been ordered to be liquidated and sold as a going concern.

## Facts

Edelweiss Asset Reconstruction Company Ltd. initiated Corporate Insolvency Resolution Process (CIRP) against Maxx Mobile Communications Ltd. Ashok Kumar Dewan was appointed as the Resolution Professional. During the CIRP, various authorities, including the Income Tax Department and the Commissioner of Customs, had issued attachment notices on the assets and bank accounts of Maxx Mobile Communications Ltd. The Resolution Professional filed multiple Interlocutory Applications (IAs) seeking the withdrawal of these attachment notices. The Corporate Debtor was ordered to be liquidated on 21.08.2019. The Respondent had filed claim before the Liquidator. The Corporate Debtor has been sold as a going concern in liquidation process. The Assistant Commissioner of Income Tax had

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## Issues and analysis

### Issue 1: Whether the attachment notices issued by various authorities on the assets and bank accounts of the …

**Ratio:** Section 238 of the Insolvency and Bankruptcy Code, 2016, stipulates that the provisions

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**Reasoning:** The court reasoned that the IBC was enacted to bring about resolution to corporate

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**Interpretation:** Section 238 is interpreted to mean that the IBC takes precedence over other

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**Application:** The court applied this principle to the facts of the case, holding that the

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## Parties

- **Judges:** Janab Mohammed…; V. Nallasen…
- **Appellants:** Ashok Kumar…
- **Respondents:** Maxx Mobile…; Assistant…

## Timeline

- **2017-01-18 — Attachment Notices…**: Assistant Commissioner of Income Tax issued…
- **2017-03-20 — Attachment Notices…**: Assistant Commissioner of Income Tax issued…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 222 — Board’s Fund](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-222)

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