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2020 (4) TMI 880 - AT - Insolvency and BankruptcyModifications made by the learned Adjudicating Authority in the Resolution Plan submitted - direction to payment to unclaimed Fixed Deposit Holders - HELD THAT - The implementation of the Successful Resolution Plan would involve participation of the Successful Resolution Applicant i.e. NBCC (India) Ltd. as also the three major Institutional Financial Creditors who are Members of the Committee of Creditors i.e. IDBI Bank Ltd. IIFCL and LIC - Meanwhile till further orders the approved Resolution Plan may be implemented subject to outcome of this Appeal. The Interim Resolution Professional may constitute Interim Monitoring Committee comprising of the Successful Resolution Applicant i.e. the Appellant and the three major Institutional Financial Creditors who were Members of the Committee of Creditors . The Resolution Professional who would be constituent of the Interim Monitoring Committee shall continue to be paid as may be deemed reasonable by the Interim Monitoring Committee from the date of this order. If any fee is outstanding for the past services rendered by the Resolution Professional during the Corporate Insolvency Resolution Process the same shall be paid as per the decision of the Committee of Creditors . These directions will last till the disposal of this Appeal. List the matter for admission after notice on 15th May 2020.
Issues:
1. Jurisdiction of the Adjudicating Authority to modify the Resolution Plan approved by the Committee of Creditors. 2. Notice to the Respondents and filing of reply affidavits. 3. Appeal by the Resolution Professional regarding specific observations in the order. 4. Implementation of the Successful Resolution Plan involving the Successful Resolution Applicant and major Institutional Financial Creditors. 5. Constitution of an Interim Monitoring Committee. 6. Payment to the Resolution Professional and outstanding fees. Analysis: 1. The Appellant, NBCC (India) Ltd., challenged modifications made by the Adjudicating Authority in the Resolution Plan approved by the Committee of Creditors. The Appellant argued that the Adjudicating Authority exceeded its jurisdiction by allowing objections of certain parties and directing payment to unclaimed Fixed Deposit Holders. The Appellant contended that the Adjudicating Authority should not interfere with the business decisions of the Committee of Creditors, taken through prescribed voting shares. Notice was issued to the Respondents for further proceedings. 2. ICICI Bank Ltd., the Interim Resolution Professional, and IDBI Bank accepted notice, with a deadline set for filing reply affidavits. Further notice was to be served on other Respondents, with provisions for email service. An appeal was indicated by the Resolution Professional regarding specific observations in the order, to be addressed in due course. 3. The implementation of the Successful Resolution Plan involved the participation of the Successful Resolution Applicant, NBCC (India) Ltd., and major Institutional Financial Creditors. An Interim Monitoring Committee, including the Successful Resolution Applicant and the three major Institutional Financial Creditors, was to be constituted to oversee the plan's execution. The Resolution Professional was to continue managing the affairs of the Corporate Debtor, with payment to be determined by the Interim Monitoring Committee. 4. Directions were given for the Resolution Professional's payment for past services rendered during the Corporate Insolvency Resolution Process, with outstanding fees to be settled as per the decision of the Committee of Creditors. These directions were to remain in effect until the disposal of the Appeal, with the matter listed for admission after notice on a specified date.
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