JUDGMENT :

Sudhansu Jyoti Mukhopadhaya, J.

In the ‘Corporate Insolvency Resolution Process’ initiated against ‘M/s. Adhunik Metalliks Ltd.’-(‘Corporate Debtor’), the Adjudicating Authority (National Company Law Tribunal), Kolkata Bench, Kolkata, by impugned order dated 17th July, 2018 approved the ‘Resolution Plan’ under Section 31 (1) of the Insolvency and Bankruptcy Code, 2016 (‘I&B Code” for short) submitted by ‘Liberty House Group Pte. Ltd.’ (“Liberty House Group” for short), which was approved by the ‘Committee of Creditors’ with 99.94% voting shares.

2. By the same very impugned order, the claim of ‘MSTC Limited’-(‘Operational Creditor’), a Public Sector Undertaking under the Govt. of India, to treat the additional expenses incurred by it as Resolution Cost, and thereby to pay it, has been rejected.

3. The fact is that the ‘Liberty House Group’, whose ‘Resolution Plan’ was approved on 17th July, 2018, failed to pay the upfront amount within 57 days from the date of the approval of the ‘Resolution plan’ in terms of plan. On such failure, the ‘Committee of Creditors’ alleging noncompliance of relevant terms in the ‘approved Resolution Plan’ filed an application before the Adjudicat