JUDGEMENT

ASHOK BHUSHAN, J. This Appeal has been filed against the order dated 24.01.2023 passed by the National Company Law Tribunal, Ahmedabad Division Bench, Court-1, by which order IA No.525 of 2022 filed by the Appellant was rejected.

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

(i) The Appellant entered into an Agreement with Wind world India Limited (Earlier known as Enercon (India) Limited) for supply of material. The Agreement between the parties were for supply of Wind Turbine Generators (“WTG”). In pursuance of the Agreement, Wind Turbine Generators were supplied by the Corporate Debtor for which payments were made by the Appellant.

(ii) On Section 7 Application of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as the “Code”) Corporate Insolvency Resolution Process (“CIRP”) was initiated against the Corporate Debtor – Wind World (India) Ltd. by order dated 20.02.2018. (iii) In the CIRP of the Corporate Debtor, the Appellant filed its claim of Rs.132,70,44,653/- claiming to be advance payment made to the Corporate Debtor for supply of 26 WTGs. The claim of the Appellant-Operational Creditor was admitt