Tribunals and CommissionsDivision Bench(2021) 10 NCLAT CK 0006

Berger Becker Coating Pvt. Ltd. vs Committee of Creditors of Asian Colour Coated Ispat & Anr

National Company Law Appellate Tribunal · Decided on 1 October 2021

HON’BLE JUDGES
Anant Bijay Singh, Member (J) · Shreesha Merla, Member (T)
RESULT
Allowed
CASE NUMBER
Company Appeal (AT) (Ins.) No. 1058 of 2020

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Judgment

6 paragraphs · 185 words
1.

Learned Counsel for the Respondent No. 2 has filed an I.A. No. 1140 of 2021 with a prayer to amend the Paragraph 11 of the Reply-Affidavit filed on behalf of Respondent No. 2 before this Tribunal on 17th February, 2021.

2.

Learned Counsel for the Respondent No. 2 referred to Paragraph 5 and 6 of the I.A. application wherein it has been stated that instead of "Answering Respondent has provided for 4.92% of the admitted claims of all operational creditors in terms of the Resolution Plan" the line should have been "Answering Respondent has paid 2.21 % of the admitted claims of all the operational Creditors including the Appellant creditors in terms of the Resolution Plan and the Impugned Order".

I.A. No. 1140 of 2021 seeking amendment in Paragraph 11 of the Reply- Affidavit of Respondent No. 2 stands allowed.

3.

Learned Counsel for the Appellant submits that in the Rejoinder also filed on behalf of Appellant is required to be amended.

Amendment in the Rejoinder will be considered at the time of hearing.

4.

List the Appeal 'For Hearing' on 14th December, 2021.