9911796707
TMI Blog2019 (8) TMI 1612X X X X Extracts X X X X X X X X Extracts X X X X ..... vide its order dated 08.08.2019 (in the light of Hon'ble Supreme Court of India in the matter of Vijay Kumar Jain v. Standard Chartered Bank Ltd. & Ors.) has not been fully complied with. Confronting with the above stated contention, the Learned Counsel appearing for the RP would submit that above stated direction issued by this court is substantially complied with except in one matter of Enercon GmBh, because of pendency of a SLP before the Hon'ble Supreme Court of India because as per the Resolution Professional such dispute has not yet attained its finality. Therefore, the claim made by Enercon Gmbh is a contingent claim. The Learned Counsel appearing for the suspended management pointed out to us that a plain reading of the d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... now a contingent claim as has not reached its finality and is still pending before Hon'ble Supreme Court. Thus, it seems to be a debatable issue for our consideration. Notwithstanding the above, we would refer a decision of the Hon'ble National Company Law Appellate Tribunal in the matter of Standard Chartered bank Vs. Satishkumar Gupta Resolution Professional for Essar Steel India, specifically in connected appeal in the matter of Co. Appeal (AT) (insol.) No. 580 of 2019 Principal Secretary & Ann Vs. Essar Steel India Ltd. & Anr. wherein their Lordships have pleased to held that the Resolution Professional has been vested with no adjudicatory power nor can he ignore or exclude disputed claim, while collating information and updati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in provision of the insolvency & Bankruptcy Code with such prayer that IA 476 of 2018 in (CP No. 14 of 2018) seeking for approval of Resolution Plan needs to be quashed and set aside on such ground that it is derogatory to Article 14 and 21 of the Constitution of India. It is a matter of record that in the above stated writ petition this bench of NCLT has also been impleaded as one of the Respondent and the IA 476 of 2018 pending before this bench is a subject matter of above stated writ petition. However, we feel, since there is no Stay of the proceeding of this Bench from the Hon'ble Apex Court. Moreover, there is already a direction from the Hon'ble Supreme Court in its order dated 31.05.2019 (passed in IA Nos. 85878 & 85913 of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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