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2021 (5) TMI 718 - NATIONAL COMPANY LAW TRIBUNAL , AHMEDABAD BENCHLiquidation of Corporate Debtor - section 33 of the IB Code, 2016 - HELD THAT:- Recently the Hon'ble Supreme Court of India in its judgment passed in Civil Appeal No. 8766-67 of 2019-Committee of Creditors of Essar Steel India Limited through Authorised Signatory vs. Satish Kumar Gupta & Ors. [2019 (11) TMI 731 - SUPREME COURT] observed that the commercial wisdom has been exercised by the CoC after taking into count all the factors leading to maximisation of asset value of the Corporate Debtor, but the ultimate discretion of what to pay and how to pay each class or sub-class of creditors lies with the CoC. The moratorium declared under Section 14 of the IB Code shall cease to have effect from the date of the order of liquidation - liquidation order is passed.
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