DEPUTY COMMISSIONER Vs. NATIONAL COMPANY LAW TRIBUNAL

JUDGEMENT

(1.) The petitioner, Deputy Commissioner (Works Contract), has approached this Court under Article 227 of the Constitution of India impugning the Order dtd. 26/10/2022 passed by the National Company Law Tribunal, Kochi Bench, under Sec. 33(5) of the Insolvency and Bankruptcy Code, 2016 (for short, 'IBC').

(2.) The 2nd respondent Company is under liquidation. The 2nd respondent, M/s Albanna Engineering (India) Private Limited, a Corporate Debtor, was admitted into Corporate Insolvency Resolution Process (CIRP) on 25/10/2019. M/s Sanghvi Movers Ltd filed IBA No.38/2019 under Sec. 9 of the IBC against the 2nd respondent. The CIRP effected public commencement on 3/11/2019. The CIRP order was passed against the Corporate Debtor, and the moratorium was declared as provided under Sec. 14 of the IBC. The moratorium declared against the Corporate Debtor existed till 2/12/2021, the day on which the liquidation order was passed in I.A. No.147/KOB/2021.

(3.) The question which falls for consideration in this writ petition before this Court is whether the NCLT is empowered to declare the assessment order as void ab initio under Sec. 33(5) of IBC?