Before the Hon Ble National Company Law Tribunal

BEFORE THE HON’BLE NATIONAL COMPANY LAW TRIBUNAL

CHENNAI BENCH

Case No. CP/508/(IB)/CB/2017

In the Matter of

Section 10 of the Insolvency and Bankruptcy Code read with Rule 7 of Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules 2016

And

In the Matter of

Ennore Coke Limited .. Corporate Debtor/

Corporate Applicant.

Reference: Application to seek direction for the refund of deposits/amounts/advances lying withvarious Statutory Authorities.

The application for Corporate Insolvency Resolution Process filed by M/s Ennore Coke Limited( Corporate Debtor) under Section 10 of the Insolvency and Bankruptcy Code, 2016 readwith Rule 7 of Insolvencyand Bankruptcy (Application to Adjudicating Authority) Rules 2016 was admitted by NCLT, Chennai bench vide order no. CP/508/(IB)/CB/2017 dated 20.06.2017 wherein Mr. Anil Kumar Birla, the undersigned was appointed as Interim Resolution Professional and was directed to take necessary actions in accordance with the relevant provisions of the Insolvency and Bankruptcy Code, 2016.

Further Mr. Anil Kumar Birla, the Interim Resolution Professional was appointed as the Resolution Professional in the 1st COC meeting conducted on 2nd August 2017 by the COC members with majority voting share of 100% to carry on the process of Corporate Insolvency Resolution Process and same was intimated to NCLT, Chennai Bench.

Furtherpursuant to provisions of Section 12(2) of the Insolvency & Bankruptcy Code, 2016 read with Regulation 40 of the Insolvency & Bankruptcy Board of India ( Insolvency Resolution Process for Corporate Persons) Regulations, 2016, the undersigned applied to NCLT for extension of CIRP for further 90 days due toapplicability of the recent Ordinance and same was granted vide Order no. CA/59/IB/2017 dated 18 December 2017.

As per section 25 of the Insolvency and Bankruptcy Code, 2016 (including all the amendements , modifications and notifications for the time being in force) following are the duties of a Resolution Professional:

(1) It shall be the duty of the resolution professional to preserve and protect theassets of the corporate debtor, including the continued business operations of the corporatedebtor.

(2) For the purposes of sub-section (1), the resolution professional shall undertake thefollowing actions, namely:—

(a) take immediate custody and control of all the assets of the corporate debtor,including the business records of the corporate debtor;

(b) represent and act on behalf of the corporate debtor with third parties, exerciserights for the benefit of the corporate debtor in judicial, quasi-judicial or arbitrationproceedings;

(d) appoint accountants, legal or other professionals in the manner as specifiedby Board;

(e) maintain an updated list of claims;

(f) convene and attend all meetings of the committee of creditors;

(g) prepare the information memorandum in accordance with section 29;

(h) invite prospective lenders, investors, and any other persons to put forwardresolution plans;

(i) present all resolution plans at the meetings of the committee of creditors;

(j) file application for avoidance of transactions in accordance with Chapter III if any; and

(k) such other actions as may be specified by the Board.

Thus, in this context to represent and act on behalf of the corporate debtor with third parties, and exerciserights for the benefit of the corporate debtor in judicial, quasi-judicial or other proceedings,I would like to draw your kind attention that as per the latest audited Balance Sheet for financial year 16-17 of M/s. Ennore Coke Limited(Corporate Debtor),there are some amounts& depositslying with various statutory authorities as on the Corporate Insolvency Resolution Process commencement date i.e.20th June, 2017and as per the direction of COC members, demand letters for refunds of the amounts lying with them have already been sent to the respective statutory authorities. But they have not responded on the same. Also they have not claimed any amount in Form B from the Corporate Debtor during the 6 months of CIRP.

Further in the 5th COC meeting held on Tuesday, 12th December, 2017, it was discussed among all the COC members to approach the NCLT, Chennai Bench to seek it's direction in this regard as Corporate Debtor has neither received any demand notice/ Claims in Form B from any of the statutory authoritiesduring the Corporate Insolvency Resolution Processin relation to any of the pending litigations/Disputed Dues nor they have replied to the letters issued to them by undersigned for refund of amounts lying with them.Therefore, COC members have directed the Resolution Professional to approach the NCLT, Chennai Bench to seek it's direction in this regard.

Following are undisputed amounts/deposits/advances lying with the various Statutory Authorities for refund:

Sl.No. / Nature of Deposit / Amount as per latest audited Balance Sheet
(FY 2016-2017) / Statutory Authority
1 / Excise Duty / 2,67,92,349 / The Commissionerate,
CGST & CX, Haldia Commissioner
2 / Pre-Deposit Appeal Fee-Service Tax / 4,40,000 / Dept. of Revenue, Central Excise Bhawan, West Bengal
3 / TDS Receivable / 1,45,85,559 / The Chief Commissioner of Income Tax, Chennai
4 / VAT paid to West Bengal govt. / 7,70,000,00 / Directorate of Commercial Taxes, Govt. of West Bengal
5 / TDS Receivable FY16-17 / 48,378 / The Chief Commissioner of Income Tax, Chennai
6 / VAT paid -Gujarat-FY 2010-11 / 1,25,000,00 / Commissionerate of Sales Tax, Govt. of Gujarat

Further there are also some disputed cases as per latest audited balance sheet of FY 2016-17 with various statutory authorities as mentioned hereunder:

Name of the Statute / Nature of Dues / Payable
(Rs.) / Period
to which it relates / Forum where Dispute is pending
Income Tax Act / Income Tax / 4,27,78,240 / AY 2012-13 / CIT(A)
Service Tax Act / Service Tax / 1,04,01,269 / AY 2009-10 to AY 2012-13 / CESTAT
Gujarat VAT Act / VAT / 52,14,41,420 / FY 2010-11 / Commissioner of Commercial Taxes
Gujarat CST Act / CST / 29,985 / FY 2010-11 / Commissioner of Commercial Taxes
Odisha Entry Tax Act / Entry Tax / 5,24,62,651
4,49,83,966 / FY2008-11
FY 2011-13 / Commissioner of Commercial Taxes
Odisha VAT Act / VAT / 47,88,90,112 / FY 2008-14 / Commissioner of Commercial Taxes
Odisha CST Act / CST / 8,44,36,556 / FY 2008-15 / Commissioner of Commercial Taxes
West Bengal VAT Act / VAT / 44,40,62,285 / FY 2008-09 to FY 12-13 / West Bengal Commercial Tax Appellate & Revisional Board
West Bengal CST Act / CST / 28, 99,874 / FY2009-10
& FY 2012-13 / West Bengal Commercial Tax Appellate & Revisional Board

Further in the abovementioned cases also we have not received any demand notice/claim from the respective statutory authorities during the Corporate Insolvency Resolution Process.

Therefore in lieu of the fact that Corporate Debtor has neither received any demand notice/ Claims in Form B from any of the statutory authorities nor they have replied to the letters issued to them by undersigned for refund of amounts lying with them, we hereby request the Hon'ble Adjudicating Authority to kindly consider the matter and issue direction for the refund of amounts/deposits/advances lying with them as mentioned below:

Place: Bengaluru Anil Kumar Birla

Date: Resolution Professional

In the matter of Ennore Coke Limited

IBBI/IPA-001/IP-P00328/2017-2018/10598