Dismissed

M/S.Vysali Pharamaceuticals Limited v. Assistant Commissioner

Kerala HC3 Aug 2023WP(C)/3657/2012

Case brief

AI extract

What is this about?

This High Court of Kerala dismissed a writ petition challenging recovery notices issued to petitioners. The petitioners argued that proceedings should have been stayed under the Sick Industrial Companies Act post-reference registration but failed to produce necessary NCLT orders.

What did the court decide?

Writ petition dismissed. No restraining order against recovery proceedings.

M/S.Vysali Pharamaceuticals Limited Vs Assistant… — Company and Corporate | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH

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THURSDAY, THE 3^RD DAY OF AUGUST 2023 / 12TH SRAVANA, 1945

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WP(C) NO. 3657 OF 2012

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PETITIONER/S:

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1 M/S.VYSALI PHARAMACEUTICALS LIMITED AGED 65 YEARS

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34/754, 755, EDAPPALLY, COCHIN-682 024, REPRESENTED BY ITS MANAGING DIRECTOR, DR. A.D.KRISHNAN.

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2 DR. A.D.KRISHNAN MANAGING DIRECTOR, VYSALI PHARMACEUTICALS LIMITED, 34/754, 755, EDAPPALLY, COCHIN-682 024.

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3 DR. SAVITHRY KRISHNAN DIRECTOR, VYSALI PHARMACEUTICALS LIMITED, 34/754, 755, EDAPPALLY, COCHIN-682 024.

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BY ADVS.

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SRI.V.V.ASOKAN

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SMT.RUKHIYABI MOHD KUNHI

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RESPONDENT/S:

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1 ASSISTANT COMMISSIONER

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COMMERCIAL TAXES, PERUMANOOR, ERNAKULAM-682 015.

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2 SPECIAL TAHSILDAR R.R. KANAYANNUR TALUK, ERNAKULAM-682 011.

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3 DEPUTY TAHSILDAR R.R. KANAYANNUR TALUK, ERNAKULAM-682 011.

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4 INSPECTING ASSISTANT COMMISSIONER RECOVERY COMMERCIAL TAXES, KAKKANAD-682 030.

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5 BOARD OF INDUSTRIAL AND FINANCIAL RECONSTRUCTION BIFR MINISTRY OF FINANCE, (DEPARTMENT OF ECONOMIC AFFAIRS), JAWAHAR VYAPAR BHAVAN, 1, TOLSTOY MARG, NEW DELHI-110 001, REPRESENTED BY ITS REGISTRAR.

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OTHER PRESENT:

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RESHMITA RAMACHANDRAN-GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

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03.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) No.3657 of 2012

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JUDGMENT

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This writ petition has been filed impugning the recovery notices issued against the petitioners, Exts.P3 to P27 and P27(a), for recovery of arrears of sales tax. The ground which was taken that the petitioners' Company became a sick industrial undertaking and it approached the Board for Industrial and Financial Reconstruction. After the inquiry under Section 17 of the Sick Industrial Companies (Special Provisions) Act (for short, the Act) the reference was registered. Despite the reference having been registered, notices were issued and, therefore, issuance of notices are against the provisions of Section 22 of the Act.

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BIFR has got abolished on 01^st December, 2016 and now the National Company Law Tribunal (NCLT) and National Company Law Appellate Tribunal (NCLAT) are established under the Insolvency and Bankruptcy Code.

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Petitioners have not placed on record any order passed by the NCLT for restraining the revenue authorities for proceedings against the petitioners for recovery of the

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WP(C) No.3657 of 2012

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arrears of sales tax dues for which impugned recovery notices were issued. Even otherwise, if there is an order passed by the NCLT restraining the authorities from proceeding with the recovery notices, the authorities will be bound by the directions issued by the NCLT. However, this Court does not find any reason to keep this writ petition pending in the files of this Court and, therefore, the writ petition is hereby dismissed.

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Sd/-

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DINESH KUMAR SINGH JUDGE

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Shg

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WP(C) No.3657 of 2012

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APPENDIX OF WP(C) 3657/2012

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PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE REQUEST GIVEN BY THE PETITIONER TO THE KERALA STATE INDUSTRIAL DEVELOPMENT CORPORATION LTD. Exhibit P1 A TRUE COPY OF THE REPLY OF THE KERALA STATE INDUSTRIAL DEVELOPMENT CORPORATION LTD. Exhibit P2 TRUE COPY OF THE ORDER OF THE BIFR. Exhibit P2 A TRUE COPY OF THE COVERING LETTER ISSUED BY THE BIFR. Exhibit P3 TRUE COPY OF THE REVENUE RECOVERY NOTICE UNDER SECTION 7 OF THE KERALA REVENUE RECOVERY ACT. Exhibit P3 A TRUE COPY OF THE REVENUE RECOVERY NOTICE UNDER SECTION 34 OF THE KERALA REVENUE RECOVERY ACT. Exhibit P4 TRUE COPY OF THE REVENUE RECOVERY NOTICE UNDER SECTION 7 OF THE KERALA REVENUE RECOVERY ACT. Exhibit P4 A TRUE COPY OF THE REVENUE RECOVERY NOTICE UNDER SECTION 34 OF THE KERALA REVENUE RECOVERY ACT. Exhibit P5 TRUE COPY OF THE REVENUE RECOVERY NOTICE UNDER SECTION 7 OF THE KERALA REVENUE RECOVERY ACT. Exhibit P5 A TRUE COPY OF THE REVENUE RECOVERY NOTICE UNDER SECTION 34 OF THE KERALA REVENUE RECOVERY ACT. Exhibit P6 TRUE COPY OF THE REVENUE RECOVERY NOTICE UNDER SECTION 7 OF THE KERALA REVENUE RECOVERY ACT. Exhibit P6 A TRUE COPY OF THE REVENUE RECOVERY NOTICE UNDER SECTION 34 OF THE KERALA REVENUE RECOVERY ACT. Exhibit P7 TRUE COPY OF THE REVENUE RECOVERY NOTICE UNDER SECTION 7 OF THE KERALA REVENUE RECOVERY ACT. Exhibit P7 A TRUE COPY OF THE REVENUE RECOVERY NOTICE UNDER SECTION 34 OF THE KERALA REVENUE RECOVERY ACT. Exhibit P8 TRUE COPY OF THE REVENUE RECOVERY NOTICE UNDER SECTION 7 OF THE KERALA REVENUE RECOVERY ACT. Exhibit P8 A TRUE COPY OF THE REVENUE RECOVERY NOTICE UNDER SECTION 34 OF THE KERALA REVENUE RECOVERY ACT. Exhibit P9 TRUE COPY OF THE REVENUE RECOVERY NOTICE UNDER SECTION 7 OF THE KERALA REVENUE RECOVERY ACT. Exhibit P9 A TRUE COPY OF THE REVENUE RECOVERY NOTICE UNDER SECTION 34 OF THE KERALA REVENUE RECOVERY ACT. Exhibit P10 TRUE COPY OF THE REVENUE RECOVERY NOTICE UNDER SECTION 7 OF THE KERALA REVENUE RECOVERY ACT. Exhibit P10 A TRUE COPY OF THE REVENUE RECOVERY NOTICE UNDER SECTION 34 OF THE KERALA REVENUE RECOVERY ACT. Exhibit P11 TRUE COPY OF THE REVENUE RECOVERY NOTICE UNDER SECTION 7 OF THE KERALA REVENUE RECOVERY ACT. Exhibit P11 A TRUE COPY OF THE REVENUE RECOVERY NOTICE UNDER SECTION 34 OF THE KERALA REVENUE RECOVERY ACT. Exhibit P12 TRUE COPY OF THE REVENUE RECOVERY NOTICE UNDER SECTION 7 OF THE KERALA REVENUE RECOVERY ACT. Exhibit P12 A TRUE COPY OF THE REVENUE RECOVERY NOTICE UNDER SECTION 34 OF THE KERALA REVENUE RECOVERY ACT. Exhibit P13 TRUE COPY OF THE REVENUE RECOVERY NOTICE UNDER

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WP(C) No.3657 of 2012

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SECTION 7 OF THE KERALA REVENUE RECOVERY ACT. Exhibit P13 A TRUE COPY OF THE REVENUE RECOVERY NOTICE UNDER SECTION 34 OF THE KERALA REVENUE RECOVERY ACT. Exhibit P14 TRUE COPY OF THE REVENUE RECOVERY NOTICE UNDER SECTION 7 OF THE KERALA REVENUE RECOVERY ACT. Exhibit P14 A TRUE COPY OF THE REVENUE RECOVERY NOTICE UNDER SECTION 34 OF THE KERALA REVENUE RECOVERY ACT. Exhibit P15 TRUE COPY OF THE REVENUE RECOVERY NOTICE UNDER SECTION 7 OF THE KERALA REVENUE RECOVERY ACT. Exhibit P16 TRUE COPY OF THE REVENUE RECOVERY NOTICE UNDER SECTION 7 OF THE KERALA REVENUE RECOVERY ACT. Exhibit P16 A TRUE COPY OF THE REVENUE RECOVERY NOTICE UNDER SECTION 34 OF THE KERALA REVENUE RECOVERY ACT. Exhibit P17 TRUE COPY OF THE REVENUE RECOVERY NOTICE UNDER SECTION 7 OF THE KERALA REVENUE RECOVERY ACT. Exhibit P17 A TRUE COPY OF THE REVENUE RECOVERY NOTICE UNDER SECTION 34 OF THE KERALA REVENUE RECOVERY ACT. Exhibit P18 TRUE COPY OF THE REVENUE RECOVERY NOTICE UNDER SECTION 7 OF THE KERALA REVENUE RECOVERY ACT. Exhibit P18 A TRUE COPY OF THE REVENUE RECOVERY NOTICE UNDER SECTION 34 OF THE KERALA REVENUE RECOVERY ACT. Exhibit P19 TRUE COPY OF THE REVENUE RECOVERY NOTICE UNDER SECTION 7 OF THE KERALA REVENUE RECOVERY ACT. Exhibit P19 A TRUE COPY OF THE REVENUE RECOVERY NOTICE UNDER SECTION 34 OF THE KERALA REVENUE RECOVERY ACT. Exhibit P20 TRUE COPY OF THE REVENUE RECOVERY NOTICE UNDER SECTION 7 OF THE KERALA REVENUE RECOVERY ACT. Exhibit P20 A TRUE COPY OF THE REVENUE RECOVERY NOTICE UNDER SECTION 34OF THE KERALA REVENUE RECOVERY ACT. Exhibit P21 TRUE COPY OF THE REVENUE RECOVERY NOTICE UNDER SECTION 7 OF THE KERALA REVENUE RECOVERY ACT. Exhibit P21 A TRUE COPY OF THE REVENUE RECOVERY NOTICE UNDER SECTION 34 OF THE KERALA REVENUE RECOVERY ACT. Exhibit P22 TRUE COPY OF THE REVENUE RECOVERY NOTICE UNDER SECTION 7 OF THE KERALA REVENUE RECOVERY ACT. Exhibit P22 A TRUE COPY OF THE REVENUE RECOVERY NOTICE UNDER SECTION 34 OF THE KERALA REVENUE RECOVERY ACT. Exhibit P23 TRUE COPY OF THE REVENUE RECOVERY NOTICE UNDER SECTION 7 OF THE KERALA REVENUE RECOVERY ACT. Exhibit P23 A TRUE COPY OF THE REVENUE RECOVERY NOTICE UNDER SECTION 34 OF THE KERALA REVENUE RECOVERY ACT. Exhibit P24 TRUE COPY OF THE REVENUE RECOVERY NOTICE UNDER SECTION 7 OF THE KERALA REVENUE RECOVERY ACT. Exhibit P24 A TRUE COPY OF THE REVENUE RECOVERY NOTICE UNDER SECTION 34 OF THE KERALA REVENUE RECOVERY ACT. Exhibit P25 TRUE COPY OF THE REVENUE RECOVERY NOTICE UNDER SECTION 7 OF THE KERALA REVENUE RECOVERY ACT. Exhibit P25 A TRUE COPY OF THE REVENUE RECOVERY NOTICE UNDER SECTION 34 OF THE KERALA REVENUE RECOVERY ACT. Exhibit P26 TRUE COPY OF THE REVENUE RECOVERY NOTICE UNDER SECTION 7 OF THE KERALA REVENUE RECOVERY ACT. Exhibit P26 A TRUE COPY OF THE REVENUE RECOVERY NOTICE UNDER

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WP(C) No.3657 of 2012

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SECTION 34 OF THE KERALA REVENUE RECOVERY ACT. Exhibit P27 TRUE COPY OF THE REVENUE RECOVERY NOTICE UNDER SECTION 7 OF THE KERALA REVENUE RECOVERY ACT. Exhibit P27 A TRUE COPY OF THE REVENUE RECOVERY NOTICE UNDER SECTION 34 OF THE KERALA REVENUE RECOVERY ACT. Exhibit P28 TRUE COPY OF THE LETTER SUBMITTED BY THE IST PETITIONER TO THE 2ND RESPONDENT. Exhibit P28 A TRUE COPY OF THE LETTER SUBMITTED BY THE IST PETITIONER TO THE 3RD RESPONDENT. Exhibit P29 TRUE COPY OF THE ORDER OF THE BOARD OF INDUSTRIAL FINANCIAL RECONSTRUCTION IN CASE NO 33/2009 Exhibit P29 A TRUE COPY OF THE ORDER OF THE APPELLATE AUTHORITY IN APPEAL NO 193/2011. Exhibit P29 B TRUE COPY OF THE JUDGMENT OF THE HON'BLE HIGH COURT OF DELHI IN WP(C) NO. 2562 OF 2013. Exhibit P29 C TRUE COPY OF THE ORDER OF THE APPELLATE AUTHORITY IN MJA NO. 3 OF 2014 IN APPEAL NO. 193/2011. Exhibit P30 TRUE COPY OF THE SUMMARY OF THE PROCEEDINGS IN CASE NO. 55 OF 2015 Exhibit P31 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP(C) NO. 37173/2009

M/S.Vysali Pharamaceuticals Limited v. Assistant Commissioner

Case brief

What is this about?

What did the court decide?

M/S.Vysali Pharamaceuticals Limited v. Assistant Commissioner

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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