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2025 Supreme(Online)(NCLT) 361

NATIONAL COMPANY LAW TRIBUNAL
Shri Prabhat Kumar, Shri V.G. Bisht, JJ
SREI Infrastructure Finance Limited – Appellant
Versus
Infrastructure Leasing and Financial Services Limited – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Ravi Kadam, Sr. Adv., Adv. Rohan Kadam, Adv. Vichare, i/b Adv. Abhishek
For the Respondents: Mr. Avinash Bisht, Adv. Drishti Das, Adv. Roma, i/b Adv. Amarchand Mangaldas

ORDER

1. This interlocutory application is filed by the Administrator of SREI Infrastructure Finance Limited (undergoing corporate insolvency resolution process in terms of Order dated 8.10.2021) (“Applicant”) under Section 60 (5) of the Insolvency and Bankruptcy Code (“Code”) read with Rules 11, 13 and 31 of NCLT Rules, 2016 seeking appropriate directions for compliance of this Tribunal’s order dated October 14, 2022 in Company Application No. 290 of 2021 in the captioned company petition. By the said order, this Tribunal had approved the distribution of Residual FSEL Settlement Amount amongst the creditors of Fagne Songadh Expressway Limited (“FSEL”), which is a wholly owned subsidiary of IL&FS Transportation Networks Limited (“ITNL”). The Applicant has sought direction to IL&FS to pay to SREI an amount of INR 208,01,04,367/- from the Residual FSEL Settlement Amount in compliance with the Order dated October 14, 2022 passed in Company Application No. 290 of 2021 in the present Company Petition forthwith. The Applicant has also sought interim relief to protect its interest.

2. The Applicant had sanctioned a loan of INR 200 crores to FSEL in terms of the sanction letter dated March

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