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2024 Supreme(Online)(NCLAT) 1471

NATIONAL COMPANY LAW APPELLATE TRIBUNAL
ASHOK BHUSHAN, J
Indian Renewable Energy Development Agency Limited – Appellant
Versus
Waaree Energies Limited – Respondent


Advocates:
For the Appellant: Mr. Nakul Sachdeva, Mr. Sagar Arora, Mr. Abhinandan Sharma, Mr. Karundeep Singh
For the Respondent: Mr. Akshay Sapre, Mr. Abhijeet Swaroop, Ms. Shivani Karmakar, Mr. I.P.S. Oberoi

JUDGMENT

ASHOK BHUSHAN, J.

This Appeal has been filed challenging order dated 29.05.2024 passed by National Company Law Tribunal, New Delhi (Court-II) in IA No.2068 of 2023 in CP (IB) No.360 (ND)/2021. IA No.2068 of 2023 filed by Respondent No.1 herein was disposed of accepting the claim of Respondent No.1 of a Financial Creditor and restoring its seat in the Committee of Creditors (“CoC”). The Appellant aggrieved by the order has come up in this Appeal.

2. Brief facts of the case necessary for deciding the Appeal are:

(i) The Appellant had sanctioned financial assistance to the Corporate Debtor (“CD”) – M/s Taxus Infrastructure and Power Projects Pvt. Ltd. On account of default committed by the CD, the Appellant filed an Application under Section 7 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as the “IBC”)

(ii) The Adjudicating Authority vide order dated 10.10.2022 admitted Section 7 Application and initiated CIRP against the CD. IRP made a public announcement on 12.10.2022. Respondent No.1 filed its claim in Form-C claiming an amount of Rs.21,45,42,466/-, which included Rs.11,45,42,466 as interest and Rs.10,00,00,000/- as principal amount.

(iii) In the claim f

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