# In the matter of Shekhar Resorts Limited (Unit Hotel Orient Taj) vs. Union of India & Ors.

> SC judgment dated 2023-01-05. Citation: TCN-2023-SC-00103. The appellant, M/s. Shekhar Resorts Limited, challenged a High Court judgment that dismissed their…

- **Court:** SC
- **Order date:** 5 Jan 2023
- **Citation:** TCN-2023-SC-00103
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/shekhar-resorts-limited-unit-hotel-orient-taj-vs-union-of-india-ors-4522a737

## Summary

### Background

The appellant, M/s. Shekhar Resorts Limited, challenged a High Court judgment that dismissed their writ petition seeking direction to the respondents for consideration of their case under the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019. The appellant, a company registered with the Service Tax Department, faced investigations for service tax evasion, leading to show cause notices. Subsequently, insolvency proceedings were initiated against the appellant under the IBC, and the NCLT admitted the application filed by the financial creditors under Section 7 of the IBC on 11.09.2018, imposing a moratorium. The Committee of Creditors approved a resolution plan, and the appellant applied under the Sabka Vishwas Scheme. However, due to the moratorium, the appellant

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## Facts

M/s. Shekhar Resorts Limited, the appellant, was engaged in providing hospitality services and was registered with the Service Tax Department. The Service Tax Department initiated investigations against the appellant for service tax evasion and issued show cause notices demanding payment. Subsequently, insolvency proceedings were initiated against the appellant under the Insolvency and Bankruptcy Code (IBC). The NCLT admitted the application filed by the financial creditors under Section 7 of the IBC on 11.09.2018, imposing a moratorium under Section 14 of the IBC. The Committee of Creditors approved a resolution plan submitted by NCJ Infrastructure Private Limited on 04.06.2019. The appellant applied under the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019,

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## Issues and analysis

### Issue 1: Whether the appellant can be penalized for failing to deposit the settlement amount under the Sabka …

**Ratio:** The legal principle is that no party shall be left remediless, and no law would compel a

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**Reasoning:** The court reasoned that the appellant was statutorily restrained from making any payment

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**Interpretation:** The court interpreted the legal framework to mean that the IBC's moratorium

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**Application:** The court applied the principle that a party should not be penalized for

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## Parties

- **Judges:** M.R.…; B.V. NAGA…
- **Respondents:** M/s. Shekhar…; Union of…

## Timeline

- **2018-09-11 — NCLT Admitted…**: NCLT admitted the application filed by the Financial Creditors of the appellant under…
- **2018-09-11 — Moratorium Co…**: The corporate insolvency resolution process against the appellant commenced, and the…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 14 — Moratorium](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-14)

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