2023 (3) TMI 19
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....Insolvency) No.147 of 2023 & I.A. No. 574 of 2023 Company Appeal (AT) (Insolvency) No.149 of 2023 & I.A. No. 577 of 2023, Company Appeal (AT) (Insolvency) No.150 of 2023 & I.A. No. 579 of 2023 D. P. Industries Through its sole proprietor Ravinder Singh Versus Deepak Thukral Resolution Professional & Anr. Bharat Industries Through its sole proprietor Bharat Bhushan Versus Deepak Thukral Resolution Professional & Anr. Sagar Auto Industries Through its sole proprietor Shankar Dutt Versus Deepak Thukral Resolution Professional & Anr. Deep Precision Industries Through its sole proprietor Virender Singh Versus Deepak Thukral Resolution Professional & Anr. Taif Industries Through its Sole proprietor Dharmender Versus Deepak Thukral Resolution....
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....Creditor in the insolvency proceeding. In the I.A. prayers were made including the prayer for directing the Respondent to provide copy of the Resolution Plan submitted before the Tribunal for approval to enable the Appellant to make submission/objection. The Adjudicating Authority by the impugned order did not accept the prayer of the Appellant to provide the Resolution Plan. However, ultimately, the Adjudicating Authority issued following direction in Para 115 of the order: "115. Considering the facts and the legal issues discussed in the foregoing paragraphs, we hold that wherever directed, the aforementioned claims of various stakeholders are to be considered by the Resolution Professional under the relevant provisions of the IBC & in ....
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....rson, who is not a party to the proceeding, may also be allowed to inspect the proceeding after obtaining the permission of Registrar in writing. When inspection is given to the parties or any person, who is not a party with the permission of Registrar to inspect the record, the record to be inspected shall obviously contains the Resolution Plan submitted by Resolution Professional to the Adjudicating Authority. When Resolution Plan is submitted to the Adjudicating Authority with an Application to accept the Plan, the Application as well as Plan is on the record of the case or proceeding and then right to inspection is granted statutorily, we do not accept the submission of learned Counsel for the Respondents that Resolution Plan still rema....
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....approval, cannot be made available to each and to anyone who has no genuine claim or interest in the process. On various grounds the access to Resolution Plan even if it is not a confidential document, after approval can be denied in proper and appropriate cases. 29. Now coming back to the facts of the present case, as submitted by the learned Counsel for the Respondent No.4 that there are more than 20,000 Operational Creditors apart from Financial Creditors and other stakeholders. We have noticed above that before the Adjudicating Authority, Applications were filed by several Applicants including National Aviators' Guild, Jet Aircraft Maintenance Engineers Welfare Association, Bhartiya Kamgar Sena, Jet Airways Cabin Crew Association etc. b....