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Maharashtra State Electricity ... vs Phoenix Erectors Pvt. Ltd. & Anr

National Company Law Appellate Tribunal27 May 2019

Ratio decidendi

The rule this decision rests on

The Tribunal holds that, where the impugned resolution plan distributes the same proportion of admitted claims to financial creditors and operational creditors as a class, there is no discrimination between them, and an allegation of discriminatory treatment among creditors in a resolution plan is answered by that comparison of the treatment actually given to each class.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHICompany Appeal (AT) (Insolvency) No. 410 of 2019IN THE MATTER OF:

Maharashtra State Electricity Distribution Co. Ltd. ...Appellant

Vs.

Phoenix Erectors Pvt. Ltd. & Anr. ...Respondents

Present: For Appellant: - Mr. Joy Basu, Senior Advocate with Ms. Pallavi Sharma and Mr. Kanak Bose, Advocates.

For Respondents: - Mr. Sameer Abhyankar, Mr. Sangram Singh R. Bhonsle, Mr. Siddharth Mehta, Ms. Samridhi Jain, Mr. Akshay Joshi and Mr. Aditu Dongrawat, Advocates.

O R D E R

27.05.2019─ Learned counsel for the Appellant submits that

inadvertently wrong impression was given that the Appellant is a

'Financial Creditor' and percentage of it was wrongly informed on the

earlier date.

2. It is submitted that the Appellant is 'Operational Creditor' who has

supplied electricity but was discriminated in the matter of payment.

3. Learned counsel appearing on behalf of the Respondents while

submitted that the appeal is time barred, also submits that the same very

impugned order dated 13th July, 2018 fell for consideration before this

Appellate Tribunal in "Sales Tax Department, State of Maharashtra

Vs. Phoenix Erectors Pvt. Ltd. & Ors.─ Company Appeal (AT)

Contd/-...........

-2-

(Insolvency) No. 559 of 2018 etc." wherein this Appellate Tribunal by

its judgment dated 20th March, 2019 upheld the impugned order on the

ground that similarly situated 'Operational Creditors' have been equated

and treated in a similar manner.

4. Learned counsel for the Respondent- 'Successful Resolution

Applicant' further submits that all the 'Financial Creditors' have been

given 17.8% of their debts whereas all the 'Operational Creditors' have

been provided with 17.5% of their debts.

5. From the aforesaid fact, we find that both the 'Financial Creditors'

and the 'Operational Creditors' inter se have been given same treatment

and no discrimination has been made.

6. For the reasons aforesaid, we are not inclined to interfere with the

impugned order. The appeal is dismissed. No costs.

(Justice S.J. Mukhopadhaya) Chairperson

(Justice A.I.S. Cheema) Member(Judicial)

(Kanthi Narahari) Member(Technical) Ar/g

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