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TMI Blog2023 (10) TMI 238X X X X Extracts X X X X X X X X Extracts X X X X ..... Kaur Kapoor, Advocates ORDER Heard learned counsel for the Appellant as well as learned counsel appearing for the Resolution Professional. This Appeal has been filed against order passed by the Adjudicating Authority dated 24.04.2023 rejecting I.A. No. 2116 of 2023. 2. The I.A. was filed by the Appellant who claim to be Ex-Director of the Corporate Debtor and who has resigned in February, 2014 and resignation was uploaded on ROC on 20.01.2016. CIRP against the Corporate Debtor - Shubhkamna Buildtech Pvt. Ltd. commenced on 26.11.2018 and the Resolution Plan was approved by the Adjudicating Authority on 12.09.2022. Learned counsel for the Appellant submits that the Appellant was also a shareholder of the Corporate Debtor. 3. The applicat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... copy of resolution plan approved by the Hon'ble NCLT. alongiwith the information memorandum. Pass any other/further order(s) as this Hon'ble Court may deem just in view of the circumstances of the present case." 6. When we looked into the two prayers made by the Appellant, first prayer is with regard to seeking clarification from the Resolution professional as to whether the shareholding of Shubhkamana Buildtech Private Limited in two companies namely Rudra Buildwell Projects Private Limited and JSS Buildcon Private Limited has been taken into consideration while assessing the assets and liabilities of the Corporate Debtor. The Information Memorandum must have been prepared in the CIRP and Form G was issued for Resolution Plan i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd has come up on the Appeal. We, thus, are of the view that Resolution Plan after its approval by the Adjudicating Authority is no more a confidential document, so as to deny access to even a claimant. It is true that the Resolution Plan even though it is not a confidential document after its approval, cannot be made available to each and to anyone who has no genuine claim or interest in the process. On various grounds the access to Resolution Plan even if it is not a confidential document, after approval can be denied in proper and appropriate cases." 9. The above observation was made in the above case with regard to claim of the workmen who wanted copy of the Resolution Plan after its approval. In the above case this Tribunal held that ..... X X X X Extracts X X X X X X X X Extracts X X X X
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