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2025 Supreme(Online)(NCLT) 4760

NATIONAL COMPANY LAW TRIBUNAL
Shri. JYOTI KUMAR TRIPATHI, Shri. RAVICHANDRAN RAMASAMY, JJ
OPG Power Generation Private Limited – Appellant
Versus
Hitesh Goel – Respondent


For the Appellants/Petitioners: Mr. Sriram Venkatavaradan, Mr. T K Bhaskar, Mr. Saai Sudharsan Sathiyamoorthy, Ms. Varshini A, Mr. Arjun Syal, Mr. Shreyan Das, Mr. Rohith Kumar
For the Respondents:Mr. M S Krishnan, Senior Advocate, Mr. Dwarakesh Prabhakaran, Mr. Yashish Chandra, Mr. Varun Kumar, Tickmani, Pranthi Sinha, DS Advocates.

ORDER

(Physical Hearing

This application has been filed by the OPG Power Generation Private Limited under Section 60 (5) of Insolvency and Bankruptcy Code 2016 r/w Rule 11 of NCLT Rules 2016, against the Resolution professional of Bhadreshwar Vidyut Private Limited seeking the following reliefs,

a) Allow the present Application.

b) Pass an Order directing the Respondent to Admit the Claim of the Applicant for an amount of Rs.90,59,68,647/- (Rupees Ninety Crore Fifty- Nine Lakh Sixty-Eight Thousand Six Hundred and Forty-Seven Only) being the Interest charged by the Applicant in view of the general market lending rate applicable for the Deposits in addition to the Claim already admitted by the Respondent to the tune of Rs.120,47,04,191/- (Rupees One Hundred Twenty Crore Forty-Severn Lakh Four Thousand One Hundred and Ninety-One Only);

c) Pass an Order directing the Respondent to include the Applicant in the Committee of Creditors of the Corporate Debtor.

Applicant submissions

1. The applicant submits that the corporate debtor had availed a Working Capital Facility from the Applicant for a tune of Rs.70 Crore and executed the working Capital Agreement dated 30.03.2016 and has availed a term

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