2024 (6) TMI 1583

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....dvocate For the Respondents : Mr. Vinod PV, Advocate for R1 Ms. Shrusti Thukral, Advocate for R2 & R3 ORDER This Company Appeal has been preferred by the Kerala State Electricity Board Limited being aggrieved as against the impugned order dated 29.01.2021 passed by National Company Law Tribunal, Kochi Bench approving the Resolution Plan in respect of the Corporate Debtor M/s Kerala Paper Products Ltd., which came to be admitted into Corporate Insolvency Resolution Process (CIRP). In the Appeal in question, the Impugned Order, which has been challenged, as it was passed by the Learned Adjudicating Authority, is the one by virtue of which the Learned Adjudicating Authority had approved the Resolution Plan as submitted by the Resol....

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....of 2021/P-ARD dated 15th September 2021, they wish to settle their dispute accordingly. Thus, it is seen that a consensus has been arrived at between the parties, as expressed by the respective Counsels by virtue of I.A.No.573/2024. The aforesaid proposition of mode of dispute resolution between two Government entities has also been fortified by the Hon'ble Apex Court in Judgment reported in 2004(6) SCC Page 437 wherein in para 3 it has been observed that where there are controversies between the Ministries or, between a Ministry and a Public Sector Undertaking of Government of India or between Public Sector Undertaking themselves, it ought not to be raised or agitated before the Courts, but rather a High Power Committee is to be constitute....

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....c Enterprises and the Ministry of Law, to monitor disputes between Ministry and Ministry of the Government of India, Ministry and Public sector undertakings of the Government of India and public sector undertakings in between themselves, to ensure that no litigation comes to court or to a tribunal without the matter having been first examined by the Committee and its clearance for litigation. The Government may include a representative of the Ministry concerned in a specific case and one from the Ministry of Finance in the Committee. Senior officers only should be nominated so that the Committee would function with status control and discipline." (emphasis supplied) a  It is abundantly clear that the machinery contemplated ....