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49. The Learned Counsel for the Appellant contends that the period of 30 Business Days should have commenced from 16.12.2019 and accordingly after the 'Resolution Professional' had handed over the charge to the Appellant. However, the erstwhile 'Resolution Professional' had not till date been able to comply with the approval order. This apart, the 'Monitoring Agency' without any powers / responsibilities is claiming the payment of total consideration from 10.01.2020 and without any approval filed MA No.249/20 (MA No.1) on Company Appeal (AT) (Insolvency) No. 287 of 2020 Company Appeal (AT) (Insolvency) No. 327 of 2020 15.01.2020. Indeed, the 'Monitoring Agency' at paragraph 7 of MA 249/20 had submitted that the total consideration viz. upfront consideration and deferred consideration aggregating to a sum of INR 480 crores paid by way of 'Non- Convertible Debentures' (Deferred Consideration) was required to have been paid on or before 10.01.2020. In fact, MA No. 249/20 was heard by the Adjudicating Authority on 29.01.2020 and the filing of the said miscellaneous application was a premature one and as a matter of fact, the impugned order does not even taken into account the order dated 29.08.2019 and / or rule upon which date be taken as an effective date.

a. Upfront Consideration equivalent to INR 420 Crores (Indian Rupees Four Hundred Twenty Crores) less payment towards (i) Balance CIRP Costs; and (ii) Potential Workmen's Dues, if any within 30 Business Days; and Company Appeal (AT) (Insolvency) No. 287 of 2020 Company Appeal (AT) (Insolvency) No. 327 of 2020 b. Deferred Consideration equivalent to INR 480 Crore (Indian Rupees Four Hundred Eighty Crores) in the form of unlisted NCDs."
56. The Learned Counsel for the Appellant contends that clause 3.2(vi)(B) of the 'Resolution Plan' sets out that the total consideration is full and final settlement dues of the 'Financial Creditors' and that they have waived off the balance sum of their dues and the same is as follows:-
"It is hereby clarified that (ii) notwithstanding anything contained in this 'Resolution Plan', the aggregate of upfront consideration and deferred consideration (total consideration') shall be there full and final discharge provided to the claims of the 'Financial Creditors' upon receipt of which all claims of 'Financial Creditors' in relation to the admitted debt shall stand extinguished."
57. The Learned Counsel for the Appellant contends that if upon payment of INR 900/- Crores all claims and admitted debt of 'Financial Creditors' shall stand extinguished there is no sum against which the cash accruals sought by the 'Financial Creditors' can be adjusted by them. Company Appeal (AT) (Insolvency) No. 287 of 2020 Company Appeal (AT) (Insolvency) No. 327 of 2020
58. According to the Learned Counsel for the Appellant the Clause no. 3.2(vi)(D) of the 'Resolution Plan', it does not propose to pay any sum over and above the total consideration to the 'Financial Creditors' and shall have no further liability. Further, the Learned Counsel for the Appellant adverts to Clause 3.2(vi) which provides that the 'Secured Financial Creditors' will only be entitled to received upfront consideration of INR 420 Crores and deferred consideration of INR 480 Crores (less the balance unpaid CIRP costs and admitted workmen's dues) and no more. In fact, Clause 3.2(viii) of the 'Resolution Plan' mentions that the cash balances of the 'Corporate Debtor' will accrue and be paid to the 'Financial Creditors' (less any balance CIRP cost and workmen's dues) till the date of implementation of the Plan i.e. till the date of upfront consideration.