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2021 (9) TMI 1208 - Tri - Insolvency and BankruptcySeeking liquidation of Corporate Debtor - Section 33(4) of the Insolvency & Bankruptcy Code, 2016 - HELD THAT:- In the Present case contention of Applicant is that Total outstanding to the tune of ₹ 87,39,196/- were not admitted, instead only ₹ 70,00,000/- were admitted. Applicant also plead that they were not aware about this fact that there claim were not admitted in totality - When the resolution Plan is approved with ₹ 70,00,000/- out of ₹ 87,39,196/- of Applicants claim, now at this juncture it can’t be reverse by virtue of Section 32A of the IBC, there could be no question as to the successful Resolution Applicant, being saddled with the outstanding dues. Section 32A is retrospective in operation. The accepting and modifying terms and conditions laid down in the Resolution Plan fall within the domain of commercial wisdom of the CoC and this Adjudicating Authority is not expected to substitute its view in such Resolution plan approved by the CoC. Hence such prayer cannot be allowed and is rejected. Application rejected.
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