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2024 Supreme(Online)(NCLAT) 848

NATIONAL COMPANY LAW APPELLATE TRIBUNAL
Justice Sharad Kumar Sharma (Member(Judicial)) , Mr. Jatindranath Swain (Member (Technical)) ,
Southern Power Distribution Company of Telangana Ltd. – Appellant
Versus
Kalvakalonu Murali Krishna Prasad – Respondent


Advocates:
Mr. T.K. Bhaskar, Advocate; Mr. Adithya Reddy, Advocate; Ms. Devangi, PCS; Mr. Y. Suryanarayana, Advocate for R2

O R D E R

(Hybrid Mode)

Oral Judgment : Justice Sharad Kumar Sharma, Member (Judicial):

1. This Company Appeal dwells around a very peculiar circumstances, which is rarely found to be made as a subject of adjudication, and that too on a limited question of determination of the aspect of limitation, for the purposes of Company Appeal.

2. The facts are that, the Appellant to the Company Appeal, has preferred this Appeal, being aggrieved as against the Impugned Order of 31.01.2020, as it has been passed in IA/69/2020, rendered in CP(IB)/499/7/HDB/2018.

3. As a consequence of the Impugned Order, the revised final Resolution Plan dated 04.01.2020, as it stood submitted by M/s. SVSS Commercial Pvt. Ltd., was approved by the Members of the Committee of Creditors, having 100% voting Shares, as per the provisions contained under Section 31 (1) of the Code. It is this Order of Approval of Resolution Plan, which has been subject to challenge, in this Appeal.

4. When initially the Company Appeal was preferred by filing the same, before the Registry of this Tribunal on 28.05.2021, it was not accompanied with any Condone Delay Application, despite being an Appeal under Section 61 of I & B Code, 2016 a

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