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TMI Blog2023 (3) TMI 19X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Resolution Plan, where this Tribunal has directed that part of the Resolution Plan which deals with the claim of workmen and employees shall be provided to the Appellant by Successful Resolution Applicant. The Appellants are entitled for inspection of the records of the Adjudicating Authority as per the NCLT Rules, 2016 - there are no reason to interfere with the order impugned - appeal disposed off. - Company Appeal (AT) (Insolvency) No.143 of 2023 & I.A. No. 562 of 2023 - - - Dated:- 22-2-2023 - Company Appeal (AT) (Insolvency) No.143 of 2023 I.A. No. 562 of 2023 Company Appeal (AT) (Insolvency) No.144 of 2023 I.A. No. 566 of 2023 Company Appeal (AT) (Insolvency) No.145 of 2023 I.A. No. 568 of 2023 Company Appeal (AT) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Appeals. Counsel for the Appellants submits that the Appellants are Operational Creditors and there was certain holidays due to which Appeal could not be prepared and further due to bad health of the Appellant delay was caused in preparing the Appeal. Cause shown sufficient. Delay in filing the Appeal is condoned. 2. These Appeals have been filed against the same order dated 01.12.2022 passed by the Adjudicating Authority (National Company Law Tribunal), Chandigarh Bench, Chandigarh in different CAs in C.P. (IB) No. 155/Chd/Hry/2018. We may notice the facts in Company Appeal (AT) (Ins.) No. 143 of 2023 for deciding all these appeals. 3. Company Appeal (AT) (Ins.) No. 143 of 2023 has been filed against order dated 01.12.2022 passed by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rieved Workmen of Jet Airways (India) Ltd. vs. Jet Airways (India) Ltd. Ors. . 6. The judgment of this Tribunal in Jet Airways which has been relied by the Appellant was a case where Resolution Plan was approved by the Adjudicating Authority and Appeal was filed challenging and an I.A. No. 1700 of 2021 was filed seeing direction to provide copy of the Resolution Plan, where this Tribunal has directed that part of the Resolution Plan which deals with the claim of workmen and employees shall be provided to the Appellant by Successful Resolution Applicant. This Tribunal in the said judgment dated 20.01.2022 has also in Paras 21 and 22 made following observations: 21. Sub-rule (1) of Rule 114 provides that parties to any case or their ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 28. When the right to Appeal on the ground enumerated in sub-section (3) of Section 61 is provided, unless the Appellant is aware of the contents of the Resolution Plan, how he will be able to satisfy the Appellate Court that the grounds enumerated in sub-section (3) of Section 61 are made out in reference to approval of the Resolution Plan. The provision of Section 61, sub-section (3) reaffirms our view that after approval of the Resolution Plan, Resolution Plan does not remain a confidential document, so as to deny its perusal to a claimant, who is aggrieved by the Plan and has come up on the Appeal. We, thus, are of the view that Resolution Plan after its approval by the Adjudicating Authority is no more a confidential document, so as ..... X X X X Extracts X X X X X X X X Extracts X X X X
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