Statutory dues cannot be claimed if not exists in company’s approved RP for DHFL

Piramal Capital & Housing Finance Ltd. Vs The Administrator, Dewan Housing Finance Corporation Ltd. (NCLAT Delhi)

Conclusion:  All the dues including the statutory dues owed to the Central Government, any State Government or any local authority, if not part of the Company’s approved resolution plan, shall stand extinguished and no proceedings in respect of such dues for the period prior to the date the Adjudicating Authority was granting its approval under Section 31 could be continued.

Held: Assesssee-company filed the appeal against part of direction in impugned order dated 7th June, 2021 passed by the Adjudicating Authority (National Company Law Tribunal), Mumbai Bench. It submitted that the Para “the approval of the Resolution Plan shall not be construed as waiver of any statutory obligations/ liabilities of the Corporate Debtor and shall be dealt by the appropriate Authorities in accordance with law. Any waiver sought in the Resolution Plan, shall be subject to approval by the Authorities concerned in the light of the decision of Hon’ble Supreme Court in the matter of Ghanshyam Mishra and sons vs. Edelweiss Asset Reconstruction Company Limited” required clarification as although Para referred to decision in the judgment of ‘Ghanshyam Mishra and Sons Pvt. Ltd. vs. Edelweiss Asset Reconstruction Company Limited. & Ors.’, Civil Appeal No. 8129/2019 dated 13th April, 2021, the directions were not in consonance with the directions issued by Hon’ble Supreme Court in the matter of ‘Ghanshyam Mishra’. It was argued that, they were rather contrary requiring assessee to approach individual authorities to extinguish statutory liability/obligations. Administrator submitted that it was necessary that there should not be any confusion in the implementation of the Resolution Plan which had been approved. Committee of Creditors (CoC) submitted that CoC was concerned with the fact that the Successful Resolution Applicant should not have any excuse for not duly and completely executing the Resolution Plan which had been approved by the CoC. ‘All the dues including the statutory dues owed to the Central Government, any State Government or any local authority, if not part of the resolution plan, shall stand extinguished and no proceedings in respect of such dues for the period prior to the date the Adjudicating Authority was granting its approval under Section 31 could be continued.’ It was held that all the dues including the statutory dues owed to the Central Government, any State Government or any local authority, if not part of the resolution plan, shall stand extinguished and no proceedings in respect of such dues for the period prior to the date the Adjudicating Authority was granting its approval under Section 31 could be continued.

FULL TEXT OF THE NCLAT JUDGMENT/ORDER

This Appeal has been filed by the Appellant – Successful Resolution Applicant against part of direction in impugned order dated 7th June, 2021 passed by the Adjudicating Authority (National Company Law Tribunal), Mumbai Bench in I.A. No. 449 of 2021 in C.P. (IB) No. 4258/MB/CII/2019. The Appellant has challenged the impugned order limited to the following direction which was given by the Adjudicating Authority (at Page 122 of the Appeal). In Operative Order of Impugned Judgment Direction (ii) is as under:

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