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TMI Blog2019 (11) TMI 1575X X X X Extracts X X X X X X X X Extracts X X X X ..... 39;Committee of Creditors' with 75.91% voting shares. The 'Resolution Plan' was placed before the Adjudicating Authority under section 13 and the Adjudicating Authority has approved the same. Therefore, it is not possible for this Appellate Tribunal to decide the claim on the basis of the disputed question of fact, which can only be decided by a Court of competent jurisdiction. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... red by it to Sai Wardha Power Generation Ltd. ('Corporate Debtor'). The 'Resolution Professional' rejected the claim, against which the Appellant preferred application under section 60(5) of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as the 'I B Code'), which stands disposed of by the impugned order dated 27th September, 2019 passed by the Adjudicatin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n important ground that an amount of ₹ 10,93,99,500/- was given to set off which was payable by Applicant to KSK Energies Ventures Limited from the amount payable to Applicant by Corporate Debtor. This shows huge amount was treated as set off by Applicant which was payable by Applicant by KSK Energies limited from out of the receivables. 2. Mr. Ashish Joshi, the Learned Counsel appears o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... we allow the Appellant to make a claim before the 'Successful Resolution Applicant' or to avail the remedy of 'Suit' in terms of sub-section (6) of Section 60 of the I B Code, if prayer is not allowed. 5. It will be open for the 'Successful Resolution Applicant' to settle the matter with the Appellant uninfluenced by the Adjudicating Authority or this Appellate Tribunal. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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