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2023 Supreme(Online)(NCAT) 1093

NATIONAL COMPANY LAW APPELLATE TRIBUNAL
Justice Ashok Bhushan (Chairperson) , Hon'ble Mr. Barun Mitra (Member (Technical)) ,
INDEPENDENT SUGAR CORPORATION LIMITED – Appellant
Versus
GIRISH SRIRAM JUNEJA AND ANR – Respondent


ORDER

ASHOK BHUSHAN, J.

All these Appeal(s) have been filed against the same order dated 28.04.2023 passed by the National Company Law Tribunal (NCLT), Kolkata Bench, Court-I in I.A. (IB) No.1497/KB/2022 and I.A. (IB) No.628/KB/ 2023 and I.A. (IB) No.701/KB/2023 in C.P.(IB) No.369/KB/2020. All the Appeal(s) having been filed against the same order, have been heard together and are being decided by this common judgment.

2. Brief background facts giving rise to these Appeal(s) are:

(i) The Corporate Insolvency Resolution Process (“CIRP”) against the Corporate Debtor – Hindustan National Glass & Industries Limited commenced vide order dated 21.10.2021 on an Application filed by DBS Bank under Section 7 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as the “Code”)

(ii) On 25.03.2022, the Resolution Professional (“RP”) issued the Invitation for Expression of Interest. RFRP contained provision that there was mandatory requirement of Competition Commission of India (“CCI”) approval, prior to approval of a Resolution Plan by the Committee of Creditors (“CoC”)

(iii) Two Resolution Applicants namely - Independent Sugar Corporation Ltd. as well as AGI Greenpac Ltd. submitted t

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