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Judgment
Counsel appearing for the Petitioner submitted that since long the respondent has suppressed the material facts from this Tribunal to the effect that the proceedings under the Insolvency and Bankruptcy Code is going on against the Respondent before NLCT Mumbai.
Now the Counsel appearing for the Respondent submits that she was appearing on behalf of Resolution Professional but now the Resolution Plan has already been approved and, therefore, the Resolution Applicant will appear and the Resolution Plan is a confidential document which will not be given to this petitioner. It is further submitted by the counsel for the respondent that a copy of Resolution Plan can be given only to the claimants, who have lodged their claim before the Resolution Professional.
Counsel for the petitioner submits that as the original respondent has suppressed the material facts from this Tribunal, let a suitable direction be given to present a copy of Resolution Plan in a sealed cover and it can be seen by this Tribunal about the earlier dues because this petitioner could not lodge the claim before the Resolution Professional because of suppression of material facts by respondent.
We, therefore, direct Resolution Applicant to produce before this Tribunal, Resolution plan approved by NCLT, Mumbai, in a sealed cover on next date of hearing to 11 AM, without fail.
Hence, this matter adjourned to 05.12.2023.