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2024 Supreme(Online)(NCLAT) 572

NATIONAL COMPANY LAW APPELLATE TRIBUNAL
Justice Ashok Bhushan (Chairperson) , Hon'ble Mr. Arun Baroka (Member (Technical)) ,
Sarda Energy & Minerals Ltd – Appellant
Versus
Ashish Arjunkumar Rathi & Ors – Respondent


Mr. Arun Kathpalia, Mr. Krishnendu Datta, Mr. Abhijit Sinha, Sr. Advocates with Mr. Manu Krishnan, Ms. Pooja Mahajan, Mr. Savar Mahajan and Ms. Geetika Sharma, Advocates; Mr. Arvind Nayar, Sr. Advocate with Mr. Sahan Ull, Mr. Samir Malik, Mr. Pranav Khanna and Mr. Varun Kalra, Advocates; Mr. Abhinav Vasisht, Sr. Advocate with Mr. Bishwajit Dubey, Mr. Somesh Srivastava, Mr. Rama Kant Rai, Advocates; Mr. Gopal Jain, Sr. Advocate with Mr. Madhav V. Kanoria, Ms. Srideepa Bhattacharyya and Ms. Neha Shivhare, Advocates; Mr. Kapil Sibal, Mr. Ramji Srinivasan, Sr. Advocates with Ms. Ruby Singh Ahuja, Ms. Hancy Maini, Mr. Varun Khanna, Mr. Devang Kumar, Mr. Manisha Singh and Ms. Namrata Saraooh, Advocates.

JUDGEMENT

These three Appeals have been filed against the Order dated 06.10.2023, passed by the Learned Adjudicating Authority (National Company Law Tribunal, Mumbai Bench, Court IV).

2. Comp. App. (AT) (Ins.) No. 1395-1397 of 2023 have been filed against the Order dated 06.10.2023 passed in I.A. 3399/2023 and I.A. 3336/2023 as well as in I.A. No. 2794/2023 in C.P.(IB)-893(MB)/2021. Comp. App. (AT) (Ins.) No. 1445 of 2023 has been filed challenging the order dated 06.10.2023 passed in I.A. 3336/2023 in I.A. 2794/2023 in C.P.(IB)-893(MB)/2021. Comp. App. (AT) (Ins.) No. 1535/2023 has been filed challenging the order dated 06.10.2023 in I.A. 3399/2023 in I.A. No. 2794/2023 in C.P.(IB)- 893(MB)/2021.

3. All the appeals having arisen out of the same order dated 06.10.2023, all the appeals have been heard together and are being decided by this common Judgment.

4. Brief facts of the case necessary to be noticed for deciding the appeals are:

    i.
    Corporate Insolvency Resolution Process (CIRP) was initiated against the SKS Power Generation Chhattisgarh Limited, the Corporate Debtor vide order dated 29.04.2022. 5 of 51 ii.
    Resolution Professional (RP) published `Form-G’, inviting Expression of Inte

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