Authority: National Company Law Tribunal, Indore Bench, Court No. 1
Order Date: 13 July 2026
Case Overview
The Monitoring Committee of Rai Homes Universal Pvt Ltd (Applicant) has filed an application (IA/417(MP)2026) under Section 60(5) of the Insolvency and Bankruptcy Code, 2016 read with Rule 11 of the NCLT Rules, 2016 against the Commercial Tax Department, Madhya Pradesh (Respondent). The application arises from Tribunal Petition TP 171 of 2019 [CP(IB) 218 of 2018].
The Applicant alleges that the Respondent wrongfully recovered an amount of ₹2,41,475 (Rupees Two Lakhs Forty-One Thousand Four Hundred and Seventy-Five) from the Corporate Debtor (Rai Homes Universal Pvt Ltd). The prayers sought include: (i) direction to the Respondent to forthwith refund the amount of ₹2,41,475; (ii) declaration that the recovery is illegal, void ab initio, and non-est in law; (iii) direction to pay interest at 12% per annum from the date of recovery till actual refund; and (iv) award of costs of the application.
Final Outcome
The Tribunal heard the Learned Counsel for the Applicant and issued notice to the Respondent as well as the jurisdictional Income Tax Department, returnable on the next date of hearing. The Applicant was directed to collect the notice from the Registry within three days and serve it upon the Respondent along with a copy of the order through Registered Post/Speed-post/Dasti mode and on the registered email ID within seven days. The Respondent was directed to file a reply, if any, within two weeks from the date of receipt of notice. Any rejoinder must be filed within seven days thereafter. Proof of service must be filed by way of affidavit. The matter is listed for filing the reply and proof of service affidavit on 10 August 2026.
Topics: NCLT Proceedings, Tax Recovery Dispute, Corporate Insolvency