ORDER

ASHOK BHUSHAN, J. This Appeal has been filed against the order dated 20.02.2023 passed by the Adjudicating Authority (National Company Law Tribunal), Mumbai Bench, Court II dismissing I.A No. 602 of 2023 in CP (IB) No. 434/(MB) 2018 filed by the Appellant. Brief background facts of the case are:

i.

CIRP against the Corporate Debtor – ‘Mittal Corp. Ltd.’ was initiated on 10.11.2021. ii.

In response to RFRP issues by the Resolution Professional on 11.04.2022, Resolution Plans were submitted by Appellant and one ‘Shyam Sel and Power Limited’ (‘SSPL’ in short).

iii.

On 15.07.2022, a challenge process between the two Resolution Applications was conducted. In response to the challenge process, the Appellant and two other Resolution Applicants submitted their revised Resolution Plan on 18.07.2022. On 19.07.2022, Resolution Applicant - ‘Shyam Sel and Power Limited’ sent an email making further modification in the plan.

iv.

The CoC decided to put all the plans for voting. E-voting process commenced on the plan, during which period an application was filed by ‘Shyam Sel and Power Limited’. The Adjudicating Authority passed an order on 25.08.2022 directing the CoC to -3- Compa