M/S UNIVERSAL AGRO LINKS v. U.O.I.TH.MIN.OF FINANCE AND ORS.
OWP/1135/2013 · 2025-12-04
Shahzad Azeem, Sindhu Sharma
body2025
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[ 2025 DAILYLAW 13527 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 13527 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
OWP No. 1135/2013
M/S Universal Agro Links …..Appellant(s)/Petitioner(s)
Through: Mr. Arun Dev Singh, Advocate
Vs
Union of India & Ors. .…. Respondent(s)
Through: Ms. Monika Kohli, Sr. AAG Mr. Jagpaul Singh, Advocate
Coram: HON'BLE MRS. JUSTICE SINDHU SHARMA, JUDGE HONBLE MR. JUSTICE SHAHZAD AZEEM, JUDGE
ORDER 04.12.2025
01. By way of the present petition, the petitioner seeks release of a sum of Rs. 1,65,15,636/- (Rupees One Crore Sixty-Five Lakhs Fifteen Thousand Six Hundred and Thirty-Six Only) on account of the amount stated to be due and payable for the financial year 2009–2010 under the notification No. 56/2002-CE dated 14.11.2002.
02. Mr. Jagpaul Singh, learned counsel for the respondents, who has taken a preliminary objection to the fact that M/s Emson Organics Limited- Corporate Debtor-the proprietor of the petitioner i.e., Universal Agro Links has undergone liquidation under the provisions of Insolvency and Bankruptcy Code, 2016 vide
order dated 15.12.2020 before the NCLT, Chandigarh Bench. It is submitted that, in terms of Section 33(5) of the IBC, 2016, no suit or legal proceedings can be instituted against the corporate debtor once a liquidation order has been passed. It is further stated that the Revenue has also filed its claim before the NCLT, which is presently pending adjudication. Sr. No. 14
03. In view of the aforesaid submission, the petition has become infructuous. Accordingly, the same is dismissed as having been rendered infructuous.
(Shahzad Azeem) Judge (Sindhu Sharma) Judge Jammu 04.12.2025 Amit