ASHOK BHUSHAN, J.

This Appeal has been filed against order dated 17.03.2023 passed by

the Adjudicating Authority (National Company Law Tribunal), Mumbai

Bench-IV in IA. 580/2023 filed by the Appellant challenging the rejection of

its claim by the Resolution Professional. The Adjudicating Authority by the

impugned order has rejected IA. 580/2023, aggrieved by which order, this

Appeal has been filed. Brief facts of the case necessary to be noticed for

deciding this Appeal are:

(i)

The Appellant, one Aaditri Constructions Private Ltd. (Company) and

Radius & Developers Builders LLP executed a Debenture Trust Deed

(DTD) in relation to 3,95,00,000 secured optionally convertible

debentures having face value of Rs.100/- each aggregating to Rs.395

Crores.

(ii)

An Agreement dated 29.03.2019 was executed between the Appellant

- Debenture Trustee and Radius Infra Holdings Private Ltd. (Corporate

Debtor) and the Promoters – Mr. Sanjay Chhabria and Mrs. Ritu

Chhabria to provide additional securities to secure the debentures and

to pay the entire secured consideration under the Debenture Trust

Deed.

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(iii)

A notice dated 28.07.2021 was issued by the Debenture Trustee to the

Company calling u