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2022 Supreme(SC) 403

L. NAGESWARA RAO, B. R. GAVAI
Anand Murti – Appellant
Versus
Soni Infratech Private Limited – Respondent


Advocates appeared:
For the Appellant :Mani Bhushan Sinha, Pranab Prakash, Advocates
For the Respondent:Harish Malik. Alok Tripathi, Abhigya Kushwah, Sunita Yadav, Pradeep Kumar Dubey, Advocates

ORDER

B.R. Gavai, J.

The present appeal challenges the order passed by the National Company Law Appellate Tribunal, Principal Bench, New Delhi (hereinafter referred to as "the NCLAT") dated 22nd November, 2021, in I.A. No. 1115 of 2020 in Company Appeal (AT) (Insolvency) No. 1507 of 2019, thereby rejecting the Modification Application filed by the appellant herein. Vide the impugned order, the NCLAT observed that, in the meantime, if settlement takes place between the parties for completion of the housing project, the same can be filed under Section 12A of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as "the IBC") before the Adjudicating Authority. The NCLAT also directed the Interim Resolution Professional ("IRP" for short)/Resolution Professional ("RP" for short) to hold the meeting of the Committee of Creditors (hereinafter referred to as "CoC") within ten days from the date of order and decide the future course of action about a resolution for completion of the Corporate Insolvency Resolution Process (hereinafter referred to as "CIRP") of the respondent N


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