COMMON ORDER

Per: Rohit Kapoor, Member (Judicial)

1. Preamble

1.1. The Court convened through hybrid mode.

1.2. The Corporate Debtor who is also the Applicant No. 1 herein, i.e. Mackeil Ispat & Forging Limited was admitted in Corporate Insolvency Resolution Process (“CIRP”) on03 February 2020, on an application filed by the State Bank of India under section 7 of the Insolvency and Bankruptcy Code (“Code”). This Adjudicating Authority approved the Resolution Plan of the Applicant No. 2, viz. Samriddhi Metal Private Limited on 21 September 2021.

1.3. I.A. (IB) No. 1336/KB/2022 and I.A. (IB) No. 463/KB/2023 has been filed by Mackeil Ispat & Forging Limited (“Corporate Debtor”) and Samriddhi Metal Private Limited (“Successful Resolution Applicant”) against Damodar Valley Corporation (“DVC”) seeking the following reliefs in each I.A.:

1.4. Prayers in I.A. (IB) No. 463/KB/2023 are as follows:

a. To direct eh Respondent to refund the sum if Rs.1,88,12,539/- wrongfully recovered by the Respondent from the Applicant No. 1 on account of pre- CIRP dues and “Delayed Payment Surcharge” thereon, in excess of the “amount apportioned and approved under the Resolution Plan of the Applicant No. 2, alongwit