Union of India Fails Filing Format for Affidavit, Tribunal Requests Detailed Charts for Creditor Entities

The Appellant - Union of India failed to comply with the filing format for a supplementary affidavit, leading the Appellate Tribunal to request detailed charts outlining amounts due to 'Financial Creditor' or 'Operational Creditor' for Amber Entities. Financial and Operational Creditors were directed to provide charts showing amounts payable and funds available for various entities. The Tribunal also required submission of contract provisions and imposed a stay on the National Highway Authority of India from canceling agreements with the companies involved until a decision was made based on the provided data.

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Issues:
1. Compliance with filing format of supplementary affidavit by the Appellant - Union of India.
2. Clarity on amounts due to 'Financial Creditor' or 'Operational Creditor' for Amber Entities.
3. Preparation of charts by Financial and Operational Creditors for all Amber Entities.
4. Submission of relevant provisions of the contract by Financial and Operational Creditors.
5. Filing of affidavit for any other companies declared as 'Green Entity', 'Amber Entity', or 'Red Entity'.
6. Stay on National Highway Authority of India from canceling agreements with the companies in question.

Analysis:
1. The Appellant - Union of India filed a supplementary affidavit, but it did not meet the required format specified by the Appellate Tribunal. The Tribunal directed the learned Counsel to submit a detailed chart by a specific date for the Amber Entities, outlining the amounts due to 'Financial Creditor' or 'Operational Creditor'.
2. The Tribunal instructed the 'Financial Creditor' and 'Operational Creditor' of the four Amber Entities to provide charts showing the amounts payable, matured, and any funds generated from Provident Fund, Pension Fund, Gratuity Fund, or Superannuation Fund by the given deadline. Similar charts were requested for the remaining nine Amber Entities.
3. Additionally, the Financial and Operational Creditors were asked to submit relevant provisions of the contract, limited to two pages, along with the amount details. The purpose was to gain a clear understanding of the financial obligations and funds available for each entity.
4. For any other companies categorized as 'Green Entity', 'Amber Entity', or 'Red Entity', the Appellant - Union of India was directed to file an affidavit providing necessary information about these entities.
5. The Tribunal scheduled the Appeals 'for orders' on a specific date, emphasizing the importance of the submissions and charts to be provided by the concerned parties. It was crucial for the Tribunal to have comprehensive data before making any decisions.
6. During the interim period, the National Highway Authority of India was restricted from taking any action to cancel agreements with the companies under consideration. This stay order aimed to maintain the status quo until the Tribunal could review the submissions and make informed decisions based on the provided information.

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