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2018 Supreme(NCLAT) 549

S.J.MUKHOPADHAYA, BANSI LAL BHAT
Darshak Enterprise Pvt. Ltd. – Appellant
Versus
Chhaparia Industries Pvt. Ltd. – Respondent


Advocates Appeared:
For the Appellant :Mr. Mayank Mishra and Mr. Ritunjay Gupta, Advocates.
For the Respondent:Ms. Jyoti Singh, Advocate.

ORDER :

Both the appeals have been preferred by the appellant(s) (‘Operational Creditor’) against the order dated 29th September, 2017 passed by the Adjudicating Authority (National Company Law Tribunal), Mumbai Bench in M.A. No. 349/2017 in C.P. No. 23/I&BP/NCLT/MB/MAH/2017 whereby and whereunder the Adjudicating Authority approved the ‘Resolution Plan’ with the following observations:

    “8. On perusal of this Resolution Plan, this Bench being satisfied with the valuation ascertained by the Registered Valuer appointed by the Insolvency Resolution professional in respect of the properties of the Corporate Debtor for all valuations are contemporaneous with the sale transactions happening in the vicinity where the Corporate Debtor is located, whereby this Bench hereby approved the Resolution Plan filed by the Insolvency Resolution professional.

9. Accordingly, MA No. 349/2017 is hereby allowed by vacating the moratorium already granted at the time of the admission of the Company Petition 23/2017 and extension given on 23.8.2017.

10. In view of the approval given to the Resolution Plan filed by the Insolvency Resolution Professional, this Bench hereby discharges the Insolvency Resolution P

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