NCLAT has directed the Adjudicating Authority to pass appropriate order under Section 31 of the Code on the resolution plan as approved by the Committee of creditors. and NCLAT has allowed the appellant - M/s. Prasad Gempex to file claim in terms of sub-section (6) of Section 60 before the appropriate court of law or may file appropriate application against the corporate debtor namely M/s. Star Agro Marine Exports Pvt. Ltd., if the resolution plan is approved and do not take proper care of the applicant. In case the resolution plan is not approved and order of liquidation is passed in respect of M/s. Star Agro Marine Exports Pvt. Ltd., in such case, it will be open to the appellant M/s. Prasad Gempex to file claim before the Liquidator in accordance with the provisions as referred to above and the Liquidator will decide the claim under Section 40 of the Code.
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