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Judgment
After hearing, the instant matter was reserved for order on 11.08.2023.
However, upon perusal of records for preparation of the order, the following points have come to our notice:
i. According to the submissions made by the Applicant, the Committee of Creditors (CoC) approved the resolution plan in response to the voting agenda of 13th meeting of CoC dated 04.01.2023, however, according to the records placed before us, no meeting took place on that date. ii. The 13th CoC meeting took place on 05.01.2023 as is reflected from Annexure Q of the Application (Pages 177 to 187). However, the voting result attached therein are from a meeting dated 04.11.2022 (Page No. 187). iii. The 12th CoC meeting was held on 14.12.2022 as is reflected from Annexure P (Pages 169 to 176), however, the voting result attached therein are from a meeting dated 04.11.2022. (Page No. 176). iv. The 11th CoC meeting was held on 28.11.2022 as is reflected from Annexure O (Pages 161 to 168), however, the voting result attached therein are from a meeting dated 04.11.2022. (Page No. 168).
v. The Form H annexed as Annexure Z (page 264) mentions the date of approval of resolution plan on 23.02.2023. However, there is no such document which indicates that the voting took place on said date.
According to the mandatory contents of the resolution plan (Page 251-253), payment to operational creditor is dealt with in Para V(5) of the resolution plan. But Para V(5) doesn't speak of such payment. Rather, it is given under Para IV-Payments under the resolution Plan in clause 5. As such, the contents of the Table containing the 'mandatory contents to the Resolution Plan' do not corroborate with the preceding paragraphs.
The Applicant is directed to provide clarification regarding the same by way of a supplementary affidavit within the period of 1 week.
Let the matter be listed on 10.01.2024.