2019 (2) TMI 146

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..... ified resolution plan of the 3rd Respondent before the Committee of Creditors for its approval within fifteen days and Committee of Creditors in its turn will consider the viability, feasibility and financial matrix of the modified resolution plan submitted by the 3rd Respondent–‘Rajasthan Liquor Ltd’ and vote accordingly. While exercising voting share, the Committee of Creditors shall keep in mind that the earlier resolution plan was approved by them. Appeal disposed off. - Company Appeal (AT) (Insolvency) No. 408 of 2018 - - - Dated:- 4-12-2018 - Mr S. J. Mukhopadhaya, Chairperson And Mr Bansi Lal Bhat, Member (Judicial) For The Appellant : Mr. Arijit Mazumdar, Mr. Shambo Nandy, Mr. Akshay Chandra, Advocates. Mr. Amit Gupta, PC .....

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..... be treated as an equity contribution rather than as an intragroup loan, with the consequence that the intragroup obligation will rank lower in priority than the same obligation between unrelated parties . Thus the intra group debt given by Jya Finance Investment Co. Ltd, a related company of the corporate debtor be classified at par with other equity shareholder and partners as provided in water fall mechanism provided in Sec 53(1)(h) of the Code. It is further directed that all the operational creditor should be treated equally without being also classified by their ageing, i.e., without any discrimination of period of their outstanding dues. We further direct that resolution plan may be modified in the light of our d .....

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..... . 82 of 2018, etc. this Appellate Tribunal held that no discrimination can be made against same set of creditors on one or other ground. 4. For the reason aforesaid, the 3rd Respondent Rajasthan Liquor Ltd. sought time to submit modified resolution plan and by our order dated 20th September, 2018 we allowed the 3rd Respondent to modify the same. 5. The Resolution Professional has filed a report enclosing a copy of the modified resolution plan submitted by the 3rd Respondent. It is informed that all the Financial Creditors have been treated equally. Similarly, all the Operational Creditors have also been treated equally. No discrimination has been made between one or other Financial Creditor. Similarly, No discrimination has been .....

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