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TMI BlogThe Supreme Court's In-Depth Ruling on Corporate Insolvency: Legal Implications ExploredX X X X Extracts X X X X X X X X Extracts X X X X ..... work. Factual Context The matter concerned a hotel company undergoing financial distress, which led to the initiation of the CIRP following a loan default. The resolution plan proposed by Mr. M.K. Rajagopalan was eventually approved by the Committee of Creditors (CoC) with an 87.39% majority. However, this approval and the CIRP process itself faced significant challenges and objections, leading to a detailed scrutiny by the NCLAT and subsequently, the Supreme Court. NCLAT's Reversal and Key Issues The NCLAT set aside the NCLT's approval of the resolution plan, citing procedural irregularities and questioning the resolution applicant's eligibility. The matter was remanded back to the CoC for a fresh process, including ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... elated Party Creditors The Court explored the differentiation between related and unrelated creditors. This analysis had broader implications for the treatment of related parties in insolvency proceedings. 5. Section 12-A Application The Court examined the promoter's application under Section 12-A for withdrawal of the CIRP, particularly considering the timing and substance of this application. 6. Impact of COVID-19 Pandemic The pandemic s influence on procedural timelines and regulations was also a significant point of consideration, recognizing the unique challenges posed by the pandemic. The Supreme Court of India in its judgment addressed several critical points related to the Corporate Insolvency Resolutio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urt upheld the Appellate Tribunal s finding that the resolution applicant, being the Managing Trustee of the disqualified trust Sri Balaji Vidyapeeth, could not submit an individual resolution plan without contravening Section 88 of the Trusts Act . The Court observed that the applicant s involvement in both capacities created a situation where he could not be detached from the disqualified entity. Point C3 Effect of Section 166(4) Companies Act The Court agreed that the resolution applicant s involvement as Managing Director of MGM Healthcare Private Limited and his intentions to convert the corporate debtor's property into a hospital created a conflict of interest under Section 166(4) of the Companies ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e offer, reflecting due process and deliberation. Point G Impact and effect of subsequent events The Court noted the subsequent approval of the promoter s settlement offer by the CoC and the pending application before the Adjudicating Authority. It decided to leave all related aspects open for the Adjudicating Authority's consideration, including the justification for invoking Section 12-A after fresh invitations for Expression of Interest (EOI) and receipt of new resolution plans. These points collectively highlight the complex interplay of statutory provisions, regulatory compliance, and the CoC s commercial wisdom in the CIRP under the IBC. Conclusion The Supreme Court s decision in this ..... X X X X Extracts X X X X X X X X Extracts X X X X
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