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Judgment
Heard Learned Counsel for the Appellants. He submits that the Ld. NCLT erroneously passed the Order for extinguishing all the dues to Creditors including Central Government and State Governments. Learned Counsel for the Appellants drew our attention towards Paragraph 48(E) which reads as under:
"Declare and direct that upon payment of the KNCEL Settlement Amount of INR 672.62 crores:
a all claims (disclosed or undisclosed, and whether existing at or relating to a period prior to October 15, 2018) of all the creditors (including, the Central Government, any State Government, statutory, local or regulatory authorities to whom such claim is owed under any law including any claim arising out of regulatory or enforcement action which pertains to a period prior to October 15, 2018; and
b all liabilities whether actual or contingent and whether existing at or relating to a period prior to October 15, 2018 including such claims in respect of which arbitration proceedings have been initiated against Kiratpur Ner Chowk Expressway Limited. of Kiratpur Ner Chowk Expressway Limited shall stand extinguished.
Issue Notice.
Learned Counsel appearing on behalf of Respondent No. 1 accepts Notice.
Learned Counsel for the Appellants is directed to provide the copy of complete Appeal Paper Book to Learned Counsel for Respondent No.1. Issue Notice to other Respondents by Speed-Post. Requisites along with process fee be filed, if not filed within two days after reopening of the office of the Registry (Durga Puja Holidays). If the Appellant provides the e-mail address of the Respondents, let the notice also be issued to the Respondents through e-mail.
Learned Counsel for Respondent No. 1 may file Reply-Affidavit within two weeks. Rejoinder, if any, may be filed within a week, thereafter.
Let the matter be fixed 'For Admission (After Notice)' on 11th November, 2021.
