(5^th January, 2024)

Ashok Bhushan, J.

This Appeal has been filed against the order dated 18.10.2023 passed

by the Adjudicating Authority (National Company Law Tribunal), Division

Bench (Special), Court No.II, Kolkata in IA (I.B.C) No.957/KB/2023 in

Company Petition (IB) No. 250/KB/2021. IA (I.B.C) No. 957/KB/2023 filed

by the Appellant challenging the decision of the Resolution Professional

rejecting the claim of the Appellant as Financial Creditor has been

dismissed, aggrieved against which order, this Appeal has been filed.

2

2.

Brief facts of the case necessary to be noticed for deciding this Appeal

are:-

2.1. The Corporate Debtor demerged under a Scheme of Arrangement

under Sections 230-232 of the Companies Act, 2013 between the Appellant

and the Corporate Debtor approved by the NCLT, Kolkata vide order dated

08.11.2019. An Application under Section 9 was filed in the year 2021

against the Corporate Debtor which was admitted by order dated

05.05.2022 and one Mr. Seikh Abdul Salam was appointed as Interim

Resolution Professional (IRP). In pursuance of the public announcement

dated 07.05.2022, Appellant filed its claim in prescribed Form C as

Financial Creditor for an amount of R