NATIONAL COMPANY LAW APPELLATE TRIBUNAL, PRINCIPAL BENCH, NEW DELHI Interlocutory Application No. 1951 of 2025 in Company Appeal (AT) (Insolvency) No. 1038 of 2020 IN THE MATTER OF:

ArcelorMittal Nippon Steel India Limited (now known as ArcelorMittal Nippon Steel India Private Limited) …Applicant IN THE MATTER OF:

Arcelormittal India Private Limited …Appellant Versus SREI Infrastructure Finance Ltd. & Ors. …Respondents Present:

For Appellant : Mr. Neeraj Kishan Kaul, Sr. Advocate with Mr.

Ashim Sood, Mr. Sanjeev Kumar, Mr. Abhishek E Kisna, Mr. Anshul Sehgal, Mr. Divyansh Jain, Mr. Pranshu Paul, Mr. J. Shivam Kumar, Mr. Srajan Dixit, Mr. Abhishek Tiwari, Mr. Deepak Joshi, Mr. Prateek Kumar, Advocates for Applicant.

For Respondents : Mr. N. Venkatraman, Sr. Advocate with Mr.

Anirban Bhattacharya, Mr. Rajeev chaudhay, Ms. Priyanka Bhatt, Mr. Chanrashekhar Bharathi, Mr. Shivshankar G, Mr. Nakul Mohta, Mr.

Abhishek R, Advocates for R-1.

J U D G M E N T

ASHOK BHUSHAN, J.

I.A. No.1951 of 2025 has been filed by the Applicant (Respondent No.2 in the Appeal - ArcelorMittal Nippon Steel India Limited) praying for following reliefs:

“(a) allow the present application and transpose Respondent No.

2, viz., ArcelorMittal Nippon Steel India Limited (now ArcelorMittal Nippon Steel India Private Limited) as the Appellant in the present Company Appeal (AT) (Insolvency) No. 1038 of 2020 in view of the approval of the Scheme by the Ld. National Company Law Tribunal, Ahmedabad vide Order dated 15.03.2023 in CP(CAA)/39(AHM)2021 with CA(CAA)80/2020, and (b) take on record the amended memo of parties, filed on behalf of existing Respondent No. 2, viz., ArcelorMittal Nippon Steel India Limited (now ArcelorMittal Nippon Steel India Private Limited) that is annexed to the present application as Annexure A-2, and (c) pass an order for making all necessary and consequential changes in the pleadings of the present Company Appeal (AT) (Insolvency) No. 1038 of 2020, pending before this Hon’ble Tribunal, as indicated in the amended memo of parties annexed to the present application;

2. In the application, notices were issued and reply has been filed by Respondent No.1, objecting to the prayers in the application, to which rejoinder affidavit has also been filed.

3. The facts giving rise to the above IA No.1951 of 2025 have been stated in the application. Short facts necessary to be noticed for deciding the application are:

(i) Corporate Insolvency Resolution Process (“CIRP”) of the Corporate Debtor (“CD”) Essar Steel India Ltd. (“ESIL”, now known as ArcelorMittal Nippon Steel) completed by approval of its Resolution Plan by judgment of the Hon’ble Supreme Court dated 15.11.2019.

(ii) After completion of the CIRP, Respondent No.1 (SREI Infrastructure Finance Ltd.), Financial Creditor in the CIRP filed an IA No.245 of 2020 before the Adjudicating Authority, pleading that ‘Right to Use Charges’ (“RTU Charges”) have not been paid by Successful Resolution Applicant (“SRA”) of ESIL. The Adjudicating Authority vide order dated 10.11.2020 allowed the IA No.245 of 2020 and directed the SRA (Appellant herein) of CD to pay RTU Charges of Rs.1300 crores.

(iii) Challenging the said order dated 10.11.2020, Company Appeal (AT) (Ins.) No.1038 of 2020 was filed, in which present application has been filed by ArcelorMittal Nippon Steel India Private Limited (“AMNSIPL”). Another Company Appeal (AT) (Ins.) No.1043 of 2020 has been filed by ArcelorMittal Nipon Steel India Ltd. (Applicant herein).

(iv) In both the Appeal(s), this Tribunal has passed an interim order on 04.12.2020 read with order dated 08.12.2020 staying the operation of the impugned order dated 10.11.2020. Challenging the interim order, proceedings were initiated before the Hon’ble Supreme Court, which subsequently came to be dismissed.

(v) During the pendency of the present proceedings, NCLT Ahmedabad by order dated 15.03.2023 in Company Petition (CAA)/39(AHM)2021 with CA(CAA)80/2020 sanctioned a Scheme of Arrangement (“Scheme”)