Tribunals and CommissionsDivision Bench(2023) 08 NCLAT CK 0026

Saraf Credit And Portfolio Private Limited vs Maya Gupta Resolution Professional Action Ispat and Power Pvt. Ltd. & Anr

National Company Law Appellate Tribunal · Decided on 9 August 2023

HON’BLE JUDGES
Ashok Bhushan, Chairperson · Barun Mitra, Member (T)
RESULT
Dismissed
CASE NUMBER
Company Appeal (AT) (Insolvency) No.997, 1000 Of 2023

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Judgment

3 paragraphs · 182 words
1.

These two Appeals have been filed by the Appellant challenging the order passed by the Adjudicating Authority dated 14.06.2023 passed in I.A. No. 2653/2023 and I.A. No. 2707/2023.

2.

Appellant’s case is that Appellant has filed his objections. It is submitted that in the said applications the Appellant has raised objection to the Resolution Plan which was approved by the Committee of Creditors. It is submitted that in the applications which were filed by the Appellant, there were objections to the Resolution Plan and were not only confined to the rejection of the part claim of the Appellant.

3.

We have been informed that the Resolution Plan is still pending consideration before the Adjudicating Authority for approval. It is always open for the Appellant, who are objecting the Resolution Plan, to raise their submissions/ objections at the time of approval of the plan. We make it clear that rejection of the applications of the Appellant shall not be a reason for the Adjudicating Authority for not considering the objections to the plan. Subject to observations as above, we dismiss this Appeal.