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2023 (8) TMI 618 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL , CHENNAISeeking rectification of error which is an inadvertent one - secured creditor of corporate debtor - HELD THAT:- It must be borne in mind that the ambit of the Adjudicating Authority / Tribunal, subsequent to the Approval of Resolution Plan, is limited in character. That apart, any relief sought, which can alter, the Terms Of a Resolution Plan, cannot be acceded to, as opined by this Tribunal However, if any relief, as prayed for by the Appellant/ Petitioner, as projected in IA/361/IB/2020 in CP(IB)540/CHE/2017 (being the Correct Company Petition Number, according to the ‘Appellant’, instead of C.P.(IB)/889(CHE)/2019), is granted by the ‘Adjudicating Authority’/ ‘Tribunal’ or this ‘Appellate Tribunal’, for that matter, then, the same will not satisfy the requirement of ‘Law’. This ‘Tribunal’, pertinently points out that even the Hon’ble Supreme Court had ‘Approved’ the ‘Resolution Plan’, through, its Order dated 28/02/2020, (which is not in dispute), and the same is accepted by the Learned Counsels appearing for the respective Parties. Suffice it for this ‘Tribunal’, to succinctly point out, that in one of the ‘Miscellaneous Applications’, dated 03/07/2019 filed before the ‘Adjudicating Authority’ / ‘Tribunal’, the ‘Appellant’/ ‘Petitioner’ had tacitly ‘admitted’, its position as an ‘Unsecured Financial Creditor’. This ‘Tribunal’ bearing in mind the attendant facts and circumstances of the instant case in a ‘conspectus’ and ‘holistic’ manner, comes to a consequent conclusion that the Impugned Order, does not suffer from any ‘material irregularity’ or ‘patent illegality', in the eye of ‘Law’. Accordingly, the ‘Appeal’ ‘sans’ merits. Appeal dismissed.
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