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2022 (3) TMI 1112 - AT - Insolvency and BankruptcyApproval of the Resolution Plan - HELD THAT:- The present is the case where Order of the Adjudicating Authority approving the Resolution Plan is under challenge. In so far as the claim of the Appellant regarding non-consideration of his plan is concerned, suffice it to say that the Appellant was himself present in the fourth Meeting of the CoC. The grievance of the Appellant that his plan was never considered does not appear to be correct. No formal resolution plan was submitted by the Appellant although the COC has permitted the Appellant to submit his plan provided he is eligible as per the eligibility criteria approved by the CoC. Thus, grievance of the Appellant that his offer was never considered has no merit. Appellant can not make any complaint on the aforesaid account. From the facts, which has been brought on record it does appear that the Resolution Professional after the 2nd CoC meeting has visited the Hospital and obtained the permission of CMO and met Dr. Mall who was at that point of time running the hospital. The present is the case of running of a hospital, the Resolution Professional is not supposed to take physical possession of the hospital for running the hospital in the facts of the present case. The visiting of the Resolution Professional and all steps taken by the RP has duly been noted and considered by the CoC in 04th Meeting and subsequent meeting which indicate that what was expected by the RP was duly performed. No grounds have been made out to interfere with the Impugned Order in exercise of Appellate Jurisdiction - Appeal dismissed.
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