SUMITRA DEVI SHAH Vs. TATA STEEL BSL LTD

JUDGEMENT

(1.) In a suit for recovery of price of goods sold and delivered, the plaintiff has applied for a final judgement and decree under Chapter XIIIA of the Original Side Rules.

(2.) Learned Senior Advocate appearing for the defendant has submitted that, during the pendency of the suit, State Bank of India filed a petition under Section 7 of the Insolvency and Bankruptcy Code, 2016 before the National Company Law Tribunal, Principal Bench at New Delhi. In such proceedings, a Resolution Plan had been prepared and approved by the Adjudicating Authority. Such Resolution Plan had been challenged in appeal before the National Company Law Appellate Tribunal. Such appeal had been dismissed. Consequently, in view of ( Committee of Creditors of Essar Steel India Ltd. v. Satish Gupta and others , 2020 8 SCC 531), the claim of the plaintiff does not survive the approval of the Resolution Plan. He has submitted that the plaintiff is not entitled to any relief and that, the application should be dismissed.

(3.) The original plaintiff had filed the instant suit on February 7, 2012. The original plaintiff had died on May 6, 2017. Consequent upon such death, and consequent upon an application for amendment, the original plaintiff had been substituted by the present plaintiffs in terms of the orders dated July 3, 2018 and August 28, 2018. The name of the defendant had changed to the present name and consequent upon such change of name, amendment to the cause title of the plaint was allowed by an order dated January 29, 2019.