IN THE NATIONAL COMPANY LAW TRIBUNAL, NEW DELHI
IN THE MATTER OF:
State Bank of India
PRINCIPAL BENCH
C.A_No.244(PBY/2018, C.A. No. 186(PB)/2018,
‘No. 217(PB)/2018 & C.A. No, 176(PB)/2018
in CP. (1B)-201(PB)/2017
Applicant/petitioner
Bhushan Steel Limited Respondent
Order under Section 7 of Insolvency & Bankruptcy Code, 2016
Coram:
Order delivered on |.08.2018
CHIEF JUSTICE (RTD) M.M. KUMAR
Hon'ble President
Sh. 8.K. Mohapatra,
Hon'ble Member (T)
Presents:
ASL.
For Tata Capital
For KM.PS,
For the RP
an
ot the Resolution Applicant: Mr. A.S. Chandhiok, Senior Advocate
Mr. Amit Chadha, Senior Advocate
Mr. Rajiv Nayar, Senior Advocate
Mr. Virendra Ganda, Senior Advocate with Mr. Gopal
Jain, Mr. V.P. Singh, Mr. Sahil Monga, Ms. Ruby
Singh, Ms. Tabira, Ws, Pallavi Kumar, Ms. Shweta
Kakkad, Mr. Angad Baxi, Mr. Sumesh Dhawan, Mr
Rishi Mongia and Ms. Tanya Baranwal, Advocates
for Resolution Applicant-TSL
Mr. Ramji Srinivasan, Senior Advocate with Mr.
Siddharth Sharma and Mr. Tushar Bhardwaj,
Advocates
Ms, Ranjana Rai Gawai, Ms, Vasudha Sen and Mr.
Vivek Kumar, Advocates
Mr. Ravi Kadam, Senor Advocate with Mr. Manmect
Singh, Ms. Anjali & Ms. Geetanjali, Advocates.For Larsen & Touro Mr. Mukul Rohatgi, Senior Advocate
Mr. Anand Chibbar, Senior Advocate with Mr.
Gaurav Malhotra, Mr. Rajeev Kumar & Ms, Aastha
Mehta, Advocates
For Cot Mr. Tushar Mehta, Senior Advocate
For Bhushan Rnergy Lid. Mr. Rajeeve Mehra, Senior Advocate with Mr.
Mayanle Mishra, Mr. Ritunjay Gupta & Ms. Nit
Arora, Advocates
M.M.KUMAR, PRESIDENT
JUDGMENT
1, This order shall dispose of the following CA's:
(i. CA. No.244(PB)/2018 filed by Resolution Professional (for
brevity ‘RP) under Section 30 & 31 0° the Insolvency and
Bankruptey Code, 2016 (for brevity ‘the Code) with a principal
prayer of accepting the resolution plan approved by the
Committee of Creditors (for brevity ‘Co}) submitted by HI
Resolution Applicant. The resolution plan has been filed by TATA
Steel Limited (for brevity ‘TSL) in the Corporate Insolvency
Resolution Process (for brevity ‘CIR Process) of the Corporate
Debtor. A further relief has also been sought to grant various
concessions as envisaged in the resolution plan and approved by
the CoC. These concessions have been duly extracted in
Annexure-8
(i). C.A. No, 186(PB)/2018 filed by Larsen & Toubro Limited with
a prayer that the applicant therein shall be treated as secured
acreditor a3 against their assigned status of
unsecured operational creditor
(ii). C.A. No, 217(PB)/2018 filed by the Bhushan Employees
seeking direction to the RP to decide the objection raised by
them and;
(i). C.A. No, 176(PB)/2018 filed by RP under Section 19(2) of the
Code.
2. Biriet facts of the case necessary for disposal of the controversy
raised in the present proceeding may first be noticed. The State
Bank of India fled C.P, No, (B}-201(PB)/2017 against Bhushan
Steel Limited under Section 7 of the Insolvency and Bankruptey
Code, 2016 (for brevity ‘the Code). After issuance of notice and
considering the reply of the Corporate Debtor we admitted the
petition on 26.07.2017(Annexure-2). As a consequence, the CIR
process commenced and moratorium in terms of Section 14 was
imposed. In pursuance of Section 15 of the Code the Interim RP
invited claim on 28.07.2017 (Annexure-3), It is pertinent to
mention that Interim RP received claims of Rs, 56,080 crores
from fifty three (53) financial creditors and further claims of Rs.
2846.52 crores from seven hundred and fifty one (751)
operational creditors (including workmen, employees and
statutory creditors) and Rs. 0.22 crores from two (2) other
a