2024 (4) TMI 825

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..... 24 - -
Insolvency & Bankruptcy
[ Justice Ashok Bhushan ] Chairperson , [ Barun Mitra ] Member ( Technical ) And [ Arun Baroka ] Member ( Technical ) For the Appellant : Mr. Rachit Mittal, Mr. Adarsh Srivastava, Advocates For the Respondents : Ms. Ritika Gaur, Mr. Niraj Chamiyal, Mr. Dhananjaya Sud, Ms. Swechcha Mishra, Advocates for R-1. Mr. Abhishek Anand, Mr. Karan Kohli, Advocates for R .....

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..... upreme Court in C.A. No. 7590-91 of 2023, GNIDA Vs Prabhjit Singh Soni & Anr. dated 12.02.2024 in which judgment, Greater NOIDA has been declared as Secured Creditor and hence the impugned order deserves to be set aside. 2. Learned Counsel for the Respondent submits that there is a difference between the facts with regard to case relied by the Appellant and the present case. He seeks time to fil .....

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..... ppeal Nos.7590-7591 of 2023" and the present case are entirely different. It is submitted that the NOIDA Authority has not filed any claim in the CIRP whereas in the case of Prabhjit Singh Soni claim was filed although in different form. It is submitted that two letter were issued but no claim was filed. When the plan was approved by the CoC then application was filed by NOIDA Authority being I.A. .....

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..... rdance with law. Even if, no claim is filed by the Appellant, Resolution Professional is duty bound to consider the debt as reflected in the records of the Corporate Debtor. 7. Learned counsel for the Resolution Professional sought to contend that the claim was not reflected in the Information Memorandum. Learned counsel for the Resolution Professional, however, submits that the NOIDA Authority w .....

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..... reditor. The Adjudicating Authority may proceed accordingly in accordance with law. 10. We make it clear that we have not entered into any other issued in the appeal except issue of claim of NOIDA Authority. It shall be open for both the parties to raise all other issues before the Adjudicating Authority. The Adjudicating Authority may consider the application for approval of Resolution Plan expe .....

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