Tribunals and CommissionsDivision Bench(2025) 04 NCLT CK 1654

Shrill Investments Limited vs Indo International Tobacco Limited

National Company Law Tribunal, New Delhi · Decided on 3 April 2025

HON’BLE JUDGES
Manni Sankariah Shanmuga Sundaram, Member (Judicial) · Atul Chaturvedi, Member (Technical)
CASE NUMBER
IA/1487/ND/2025 IN IB/720/ND/2021

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Judgment

8 paragraphs · 261 words

ORDER

IA/1487/ND/2025

Ld. Counsel for the Liquidator is present physically.

This Application has been filed on behalf of the Liquidator under Section 60(5) of the Insolvency & Bankruptcy Code, 2016 to direct the GST department, Gautam Budh Nagar to lift the confiscated and seized stock comprising of Cigarette and smoking mixture from the rented warehouse premises of the corporate debtor with the following prayer:-

a. Direct the GST department, Gautam Budh Nagar to lift the confiscated and seized stock comprising of Cigarette and smoking mixture from the rented warehouse premises of the corporate debtor at Plot No. 56, Habibpur, Greater Noida, Gautam Budh Nagar, Uttar Pradesh-201306 within 2 weeks from the date of the order;

OR allow the applicant to dispose off/destroy the seized stock which is property of the GST Department, Gautam Budh Nagar comprising of Cigarette and smoking mixture lying at the rented warehouse premises of the corporate debtor at Plot No. 56, Habibpur, Greater Noida, Gautam Budh Nagar, Uttar Pradesh-201306, since the same is not fit for human consumption and does not carry any realizable value, without any further consequence on the corporate debtor herein.

a. Pass any such further orders as this court may deem fit and proper in the facts and circumstances of the present case.

Considering the submissions made on behalf of the Liquidator, and since the matter pertains to adjudication on matters related to certain violation of GST, therefore, this Tribunal is not inclined to consider the present Application. Liquidator is directed to approach the GST Department for appropriate consideration. Accordingly, IA/1487/ND/2025 is dismissed.