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2023 Supreme(SC) 737

AJAY RASTOGI, BELA M. TRIVEDI
SREI Multiple Asset Investment Trust Vision India Fund – Appellant
Versus
Deccan Chronicle Marketeers – Respondent


JUDGMENT :

AJAY RASTOGI, J.

Civil Appeal No. 1706 of 2023

1. The instant appeal has been filed by the successful resolution applicant (for short “SRA”) of the Corporate Debtor (Deccan Chronicle Holdings Ltd.) whose Resolution Plan was approved by 81.39% voting by the Committee of Creditors (CoC) and conditionally by the adjudicating authority/National Company Law Tribunal (for short “NCLT”) by order dated 3rd June, 2019, subject to the outcome of I.A. No. 155 of 2018 and that came to be decided by the adjudicating authority/NCLT, Hyderabad Bench by order dated 14th August, 2019 and that became the subject matter of challenge before the National Company Law Appellate Tribunal(for short “NCLAT”) at the instance of the Corporate Debtor wherein it was stated that what has been observed by the adjudicating authority while disposing of I.A. No. 155 of 2018 under its order dated 14th August, 2019, will amount to a modification/alternation of the approved Resolution Plan by the CoC which is impermissible in law.

2. The brief facts culled out from the record are that the appellant is the successful resolution applicant (SRA) of the Corporate Debtor-Deccan Chronicle Holdings Ltd. (DCHL), whose R

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