ORDER :

This appeal has been preferred by ‘Central Bank of India’, one of the ‘Financial Creditor’ against order dated 19th July, 2018 passed by the Adjudicating Authority (National Company Law Tribunal), Hyderabad Bench, Hyderabad on the ground that the Resolution Plan approved by the Adjudicating Authority is against the provisions of Regulation 38(1)(c) of ‘The Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 (for short ‘IBBI (IRPCP), Regulation’)as the dissenting financial creditors have been provided with equal amount with those ‘Financial Creditors’ who has agreed with the Resolution Plan.

2. Learned counsel appearing on behalf of the Successful Resolution Applicant submits that the Successful Resolution Applicant has treated all the Financial Creditors equally at the same level and no discrimination has been made. It is further submitted that provisions have been made for upfront payment and 20 years’ time granted for redemption of the preferential shares. Otherwise, no longer time has been suggested for payment of the dues of the creditors.

3. Having heard learned counsel for the Appellant and learned counsel appe