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2023 (4) TMI 508 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL , PRINCIPAL BENCH , NEW DELHISeeking to allow to add the escalation clause in the Resolution plan - seeking remittance of Resolution Plan of the Appellants to the CoC so that the escalation clause may also be added to the Resolution Plan - Approval of Resolution Plan pending - HELD THAT:- As per office report, notice has been delivered to Respondent No.2 and 3 but no one appears on behalf of R3. Shri Amar Vivek is appearing on behalf of the R2 and supported the proposal submitted by the Appellant. In view of the peculiar facts and circumstances of the present case, much less the fact that the escalation has been accepted by the homebuyers, the appeal is allowed and the matter is remanded back to the Adjudicating Authority to take a fresh decision as early as possible but not later than one month from the date of appearance of the parties before it - Appeal allowed by way of remand.
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