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Judgment
This Appeal has been filed against order dated 09.11.2021 by which the I.A. filed by the Appellant being I.A. No. 560 of 2021 has been rejected by the Adjudicating Authority (National Company Law Tribunal), Kolkata Bench, Kolkata. The Appellant in the said I.A. has prayed that his revised plan which was submitted on 03.06.2021 be considered.
The plans were submitted and all the Applicants were permitted to revise their plans and on 17.05.2021 a revised plan was submitted by the Appellant. The voting commenced on 20.05.2021. Thereafter, another revised plan was submitted by the Appellant on 03.06.2021 which was not considered by the Committee of Creditors and his I.A. seeking direction to the CoC to consider revised plan has been rejected.
Learned Counsel for the Appellant submits that the Resolution Plan has been approved by the CoC and thereafter the matter is under consideration before the Adjudicating Authority regarding approval or disapproval of the Resolution Plan and hearing has also been concluded and order has been reserved on 26.11.2021.
Be that as it may. In so far as the order impugned in the present Appeal is concerned, we see no reason to entertain this Appeal. The revised plan which was submitted by the Appellant on 03.06.2021 could not have been looked into and rightly has been refused to be looked into. We do not find any ground to entertain this Appeal. We, however, make it clear that we have not entered into the approval or disapproval of the plan and it shall be open for the Appellant to seek remedy, if any occasion arrive after order is delivered. With the above observations, the Appeal is dismissed.