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2018 (11) TMI 251

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..... - Held that:- As ‘successful resolution applicant – Ghanshyam Misra & sons Pvt. Ltd.’ and the learned counsel appearing on behalf of the ‘Committee of Creditors’ have no objection if the ‘resolution plan’ is modified to the extent above. In the circumstances, we modify the ‘resolution plan’ as approved by the Adjudicating Authority so far it relates to the payment of amount to the appellant – .....

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..... er (Judicial) For The Appellant : Mr. Abhijit Sinha, Mr. Arijit Mazumdar, Mr. Shambo Nandy, Mr. Saikat Sarkar, Mr. Akshay Chandna and Mr. Aditya Shukla, Advocates Mr. Diwakar Maheshwari, Mr. Aditya V. Singh and Ms. Sreyas Edupuganti, Advocates For The Respondents : Mr. Arun Kathpalia, Senior Advocate assisted by Mr. Mahesh Agarwal, Ms. Neeha Nagpal, Mr. Divyang C. and Mr. Ajitesh So .....

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..... a by order dated 22nd June, 2018. The main grievance was that the appellant SREI Infrastructure Finance Ltd. has not been treated equally with other Financial Creditors . If it would have been treated equally, the appellant would be entitled for further sum of ₹ 94 Lakhs approximately. In the affidavit filed by the 19th Respondent Ghanshyam Misra Sons Pvt. Ltd. on behalf of the .....

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..... s payment of INR 94 lacs will be made without prejudice to Respondent No. 19 s rights and contentions on merits. This payment is being made in the best interest of the Corporate Debtor i.e. OMML and all its stakeholders so that implementation of the approved Resolution Plan can be done by all concerned and the Corporate Debtor ie OMML can be revived at the earliest. Learned counsel appearing .....

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..... who will be entitled the amount already proposed in the resolution plan plus(+) additional differential amount of ₹ 94 Lakhs, as stated in the affidavit, on the same terms conditions as proposed in the resolution plan . In view of the aforesaid order, we allow the parties to implement the resolution plan with amendments as shown above and to make payments. So far as IFCI Bank .....

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