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Judgment
Heard learned Counsel for the Appellant as well as learned Counsel for the Respondent.
This Appeal has been filed by Principal Commissioner of Customs Noida challenging the order dated 16.10.2020 passed by National Company Law Tribunal, Allahabad in I.A. No. 128/2020 which was filed by Interim Resolution Professional with a prayer to direct Principal Commissioner of Customs Noida Customs Commissionerate to hand over the goods and assets owned by the Corporate Debtor and make receipts as on the date of Corporate Insolvency Resolution Process.
The Adjudicating Authority allowed the Application and issued following directions:
“15. As the ownership right of the goods in question is of the corporate debtor which is under CIRP. Therefore IRP has the right to take control and custody of the of the asset, though at present it lies in the possession of custom Department.
In view of the above, this Adjudicating Authority hereby direct the Commissioner of Customs, Noida to hand over the goods owned by the Corporate Debtor lying with it as on the date of initiation of CIRP within 15 days from the date of order.”
Learned Counsel for the Appellant has fairly conceded that the legal issues raised in the Appeal are now covered by judgment of Hon’ble Supreme Court in Civil Appeal No. 7667 of 2021 in the matter of “Sundaresh Bhatt, Liquidator of ABG Shipyard Vs. Central Board of Indirect Taxes and Customs” decided by Hon’ble Supreme Court on 26.08.2022 where the question of law is covered against the Appellant. In view of the law laid down by the Hon’ble Supreme Court, we see no merit in the Appeal. We do not find any error in the findings of Adjudicating Authority directing the Appellant to hand over the goods and assets owned by the Corporate Debtor and make receipts as on the date of Corporate Insolvency Resolution Process. Accordingly, we dismiss the Appeal.
Learned Counsel for the Appellant has lastly submitted that the goods are not at present with the Appellant and they are lying with the custodian. In the present case, we are not required to consider the above submission or record any finding. These issues are to be decided as and when they are raised in the the appropriate proceedings.