COMMON ORDER

FACTS:

Since both the present Applications have been preferred in the main Company Petition bearing C.P (IB) No. 149/2023 and identical issues have been raised in these Applications, both the Applications have been disposed by common order.

IN IA 660/2024:

1. The Present IA 660/2024 in Company Petition (IB) No. 149/2023, has been filed by Aditya Birla Finance Limited (herein after as ‘Applicant No. 1’) on 10/09/2024 under section 60 (5) of the Insolvency and Bankruptcy Code, 2016 r/w Rules 11 and 32 of the National Company Law Rules, 2016 inter-alia praying this Hon’ble Tribunal to:

a) set aside the decision made by the Respondent in respect of the Applicant’s classification as an Operational Creditor;

b) direct Respondent to exclude the Applicant from Annexure S List of Operational Creditors dated 30^th August 2024 and to consider the Applicant's claim as a ‘financial debt’ within the meaning of Section 5(8) of the Insolvency and Bankruptcy Code, 2016 ;

c) direct the Respondent to appropriately reconstitute the Committee of Creditors with the Applicant classified as a Financial Creditor with the proportionate voting accruing in light of the financial debt owed to it by the