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2022 (2) TMI 1288 - NATIONAL COMPANY LAW TRIBUNAL KOLKATA BENCHValidity of approved Resolution Plan - illegality or non-adherence to the law with respect to the Resolution Plans or not - HELD THAT:- In view of the law laid down by Hon’ble Supreme Court in Arcelormittal India Private Limited vs. Satish Kumar Gupta and Ors. [2018 (10) TMI 312 - SUPREME COURT], it not a stage for us to look into the alleged irregularities/ violations in the resolution plan. It is the settled law that resolution professional is merely a facilitator. Resolution plan prepared by him is not binding upon the CoC. It is only the CoC which has to take the final call to approve the resolution plan or reject it. The approval of the 'Resolution Plan' is in the domain of the 'Committee of Creditors' and not that of 'Resolution Professional, and CoC in the present case is yet to take a call on resolution plan/s before it. Application not maintainable.
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