If the Resolution Plan is placed before the AA u/s 30 & the AA has approved the same, 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- Encote Energy (India) Pvt. Ltd. Vs. V. Venkatachalam-NCLAT

NCLAT held that Resolution Applicant has been approved by the CoC 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.

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