# In the matter of Dolphin Offshore Enterprises (India) Ltd. Vs. Oil and Natural Gas Corporation Ltd. and Anr.

> NCLT judgment dated 2026-02-18. Citation: TCN-2026-NCLT-00188. Dolphin Offshore Enterprises (India) Ltd., the Corporate Debtor, filed an application under…

- **Court:** NCLT
- **Order date:** 18 Feb 2026
- **Citation:** TCN-2026-NCLT-00188
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-mumbai/dolphin-offshore-enterprises-india-ltd-vs-oil-and-natural-gas-corporation-ltd-an-bc349f93

## Summary

### Background

Dolphin Offshore Enterprises (India) Ltd., the Corporate Debtor, filed an application under Section 60(5) of the Insolvency and Bankruptcy Code, 2016, seeking directions for the release of outstanding dues from Oil and Natural Gas Corporation Limited (ONGC), Respondent No. 1, and resolution of issues related to a notice from the Department of GST, Respondent No. 2.

## Facts

The Corporate Debtor was awarded two contracts by ONGC.

The Department of GST passed an order determining tax liability against the Corporate Debtor.

The Corporate Debtor filed an appeal against the GST order, which was dismissed.

The Assistant Commissioner of CGST issued a garnishee notice to ONGC, directing it to pay the amount due to the Corporate Debtor to the CGST Department.

The Corporate Debtor was admitted into CIRP.

Deep Industries Limited emerged as the Successful Resolution Applicant (SRA).

The Adjudicating Authority approved the Resolution Plan.

ONGC sought balance confirmation from the Corporate Debtor regarding the outstanding dues.

The GST Department filed an IA seeking admission of their claim, which was dismissed.

…

## Issues and analysis

### Issue 1: Whether the pre-CIRP dues of the GST Department are extinguished by the approval of the resolution …

**Ratio:** Section 31(1) of the IBC states that the resolution plan approved by the Adjudicating

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**Reasoning:** The Tribunal relied on the judgment of the Hon'ble Supreme Court in Ghanshyam Mishra

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**Interpretation:** The approval of the resolution plan extinguishes all claims of the GST

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**Application:** The Tribunal held that the dues of the GST Department from the Corporate Debtor

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## Parties

- **Judges:** LAKSHMI G…; Hariharan…
- **Respondents:** Dolphin Offshore…; Oil and Natural…; +1 more
- **Other parties:** Supreme Hydro…
- **Advocates:** Amir Ars…; Amey Ha…; +6 more

## Timeline

- **2012-03-22 — Notification…**: Notification of Award Ref No. MR/OW/MM/OGIP power to ESP/26/2011 dated 22.03.2012 read…
- **2016-05-16 — Notification…**: Notification of Award Ref No. MR/N&H/LSTK/08/15-16/Structural Repair-HC…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 60(5) — Adjudicating Authority for corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-60)

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