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TMI Blog2023 (10) TMI 892X X X X Extracts X X X X X X X X Extracts X X X X ..... nd [ Shreesha Merla ] Member ( Technical ) For the Appellant : Mr. Alias M. Cherian, Advocate For the Respondent No.1 : Ms. Srishti Thukral, Advocate For the Respondent No.2 : Mr. Vinod P. V., Advocate JUDGMENT ( Virtual Mode ) [ Per : Shreesha Merla, Member ( Technical ) ] : 1. Company Appeal (AT) (CH) (Ins.) No. 75 / 2022 is filed challenging the impugned order in IA(IBC)/21/KOB/2021 in TIBA/03/KOB/2019 dated 29.01.2021, whereby the Adjudicating Authority has approved the Resolution Plan submitted by M/s. Kerala Industrial Infrastructure Development Corporation (KINFRA). The Appellant in this Appeal is one among the Operational Creditors, being the Contractor providing the services to the Corporate Debtor Company. The Appeal beari ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Code, 2016. 3. The Learned Counsel for the Respondent / Financial Creditor submitted that this Appeal is bad for non-joinder of necessary parties, namely, the Successful Resolution Professional (SRA) and the Resolution Professional (RP) and therefore, sought for dismissal of this Appeal in limine. 4. It is also submitted by the Learned Counsel for the 2nd Respondent that KINFRA has paid the entire Plan amount of Rs.145.6016 Crore, prior to 20.03.2021 and the Plan has already been since implemented. 5. This Tribunal while dealing with the batch of Appeals filed by the Employees of the Corporate Debtor Company in Mrs. C.G. Vijyalakshmi Vs. Shri Kumar Rajan, Resolution Professional of Hindustan Newsprint Limited & Ors., in Company Appeal (A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lution Applicant to make payment of the unpaid `Provident Fund' and `Gratuity Fund' and `pending dues' to the `Employees', till the date of `Corporate Insolvency Resolution Process', after deducting the amounts already paid. 7. Regarding the rest of the allegations raised by the Appellants, this `Tribunal', did not find any evidence to support their contentions. 8. It is also pertinent to mention that this `Tribunal', while dealing with another batch of Appeals namely, Company Appeal (AT) (CH) (INS.) No. 305 / 2021, Company Appeal (AT) (CH) (INS.) No. 23 / 2022, Company Appeal (AT) (CH) (INS.) Nos. 112 to 124 / 2021, Company Appeal (AT) (CH) (INS.) No. 267 / 2021, Company Appeal (AT) (CH) (INS.) No. 283 / 2021, Company Appeal (AT) (CH) (I ..... X X X X Extracts X X X X X X X X Extracts X X X X
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