SANJAY KUMAR AGARWAL Vs. STATE TAX OFFICER

JUDGEMENT

(1.) This batch of five Review Petitions seeks to review the common Judgment and Order dtd. 6/9/2022 passed by this Court in Civil Appeal No. 1661 of 2020 and Civil Appeal No. 2568 of 2020. Both the said appeals were preferred by the State Tax Officer-appellant.

(2.) Civil Appeal No. 1661 of 2020 was preferred by the Appellant-State Tax Officer against the Respondent-Rainbow Papers Limited (Corporate Debtor), being aggrieved by the Judgment and Order dtd. 19/12/2019 passed by the National Company Law Appellate Tribunal (hereinafter referred to as the 'NCLAT'), dismissing the Company Appeal (At) (INs) No. 404 of 2019 filed by the appellant. The said company Appeal was filed against the order dtd. 27/2/2019 passed by the Adjudicating Authority, rejecting the Application being I.A. No. 224/271/272/337 of 2018 and P-01/2019 in CP No. (IB) 88/9/NCLT/AHM/2017 filed by the appellants, in which it was held that the appellant cannot claim first charge over the property of the Corporate Debtor, as Sec. 48 of the Gujarat Value Added Tax 2003 (hereinafter referred to as the 'GVAT Act') cannot prevail over Sec. 53 of the Insolvency and Bankruptcy Code 2016 (hereinafter referred to as the IBC).

(3.) Civil Appeal No. 2568 of 2020 was preferred by the appellant- State Tax Officer against the Respondents- Mr. Chandra Prakash Jain and M/s. Mekaster Engineering Ltd., being aggrieved by the Order dtd. 23/1/2020 passed by the NCLAT in Company Appeal (At) (Ins) No. 1193 of 2019. The NCALT by the said judgment and order had dismissed the said Appeal of the appellant on the basis of the judgment and order dtd. 19/12/2019 passed in Company Appeal (At) (Insolvency No. 404 of 2019) (which was the order under challenge in Civil Appeal No.1661 of 2020).