GARDEN SILK MILLS LTD. Vs. UNION OF INDIA

JUDGEMENT

(1.) By way of this writ application under Article 226 of the Constitution of India, the writ applicant seeks relief of issuance of writ of mandamus/certiorari to quash and set aside the order dtd. 18/1/2017 passed by the Commissioner of Central Excise, Surat-1, by which the respondent No.2 authority has confirmed the demand though being time barred and in ignorance of the previous order dtd. 5/2/1998 passed by the Commissioner (Appeals), wherein it is categorically held that the writ applicant is eligible for exemption from duty in terms of Notification No.8/96, dtd. 23/7/1996.

(2.) This Court vide order dtd. 10/10/2018 has passed the following order:

(3.) During the pendency of the final hearing of this writ application, a vital development has taken place, which has been brought on record by the writ applicant in the form of Civil Application bearing No.1 of 2021 whereby the writ applicant has prayed for appropriate directions inter-alia seeking disposal of the petition being treated as abated and rendered infructuous and nonest in view of the order dtd. 1/1/2021 (approval order) in IA No.661 of 2020 with IA No.759 of 2020 (approval application) in CP(I.B) No.453 of 2018 (insolvency petition) passed by the National Company Law Tribunal, Ahmedabad Bench, which has approved the resolution plan dtd. 19/9/2020 along with addendum dtd. 23/9/2020 in exercise of power conferred under Sec. 31(1) of the Insolvency and Bankruptcy Code, 2016 thereby declaring the writ applicant company insolvent in terms of the insolvency resolution of corporate debtor recoverable.