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2021 (11) TMI 951 - AT - Insolvency and BankruptcyApproval of Resolution Plan - seeking the protection to the Joint Resolution Appellants with regard to waiver of requirement of pre-deposit, waiver of interest etc. in reference to statutory dues. - Section 30 of I&B Code - HELD THAT:- Since the Appellants are successful resolution applicants, the resolution plan was not challenged by them. The judgment passed by the Hon’ble Supreme Court reported in 2021 SCC OnLine SC 313 (Ghanashyam Mishra and Sons Vs. Edelweiss Asset Reconstruction Company Limited through the Director & Ors.) [2021 (4) TMI 613 - SUPREME COURT] as has been relied by the Learned Counsel for the Appellants is not applicable. This Appellate Tribunal cannot appreciate the ratio of the judgment of “Ghanashyam Mishra” in this case in much as the Judgment of “Ghanashyam Mishra” was not cited before the Ld. Adjudicating Authority and further in absence of challenge the Resolution Plan which was approved vide order dated 21.05.2019. The Ld. Adjudicating Authority while approving the Resolution Plan vide order dated 21.05.2019 in para 44 has rightly observed that “ In the resolution plan, relief and concession has been sought in respect of statutory dues for making payment in instalments, no coercive action, waiver of requirement of pre-deposit for filing appeals, waiver of interest, penal interest or damages. These are issues to be decided by the respective government department and appropriate application may be moved before them”. There is no illegality committed by the Ld. Adjudicating Authority while passing the impugned order - Appeal dismissed.
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