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2019 (8) TMI 1612 - Tri - Insolvency and BankruptcyValidity of approved Resolution Plan - suspended management demanded a copy of all such plans and raised such objection that without completing such mandatory formalities, the CoC could not have proceeded legally to put to vote on the resolution Plan for its approval - HELD THAT:- Since, such being a debatable issue as to whether a copy of all the Resolution Plans which were submitted for consideration before the CoC is required to be supplied to all eligible person i.e Financial Creditor, Operational Creditor (having debts of 10% and above) as well as to the member of suspended management. Therefore, as a caution we again hereby remind the CoC and the Resolution Professional to make compliance of the mandate given by the Hon'ble Supreme Court of India in the above stated decision, in its letter and spirit so as to avoid any further complication in the matter. During the course of heating Learned Counsel appearing for the Enercon Gmbh also pointed out that despite their claim being more than 12% of the total debts value of the corporate debtor, a copy of the resolution plan has not yet been provided to it. However, the Learned Counsel appearing for the Resolution Professional stated inter-alia that their claim is now a contingent claim as has not reached its finality and is still pending before Hon'ble Supreme Court in Vijay Kumar Jain v. Standard Chartered Bank Ltd. & Ors. [2019 (2) TMI 97 - SUPREME COURT]. Thus, it seems to be a debatable issue for our consideration. The parties are liberty to complete their part of pleadings at the earliest - the matter to be listed on 29.08.2019.
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