Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2019 (8) TMI 1925

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ency) No. 657 of 2019 - -
Insolvency & Bankruptcy
Justice S.J. Mukhopadhaya Chairperson, Justice A.I.S. Cheema Member (Judicial)And Kanthi Narahari Member (Technical) For Appellant : Mr. Krishnendu Datta, Mr. Abhirup Das Gupta, Mr. Ishaan Duggal and Ms. Niharica Khanna, Advocates JUDGMENT SUDHANSU JYOTI MUKHOPADHAYA, J. In the 'Corporate Insolvency Resolution Process' against 'Calyx .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... 'Committee of Creditors' approved the same by 77.08% voting share. 3. Learned counsel appearing on behalf of the Appellant submitted that the impugned order approving the 'resolution plan' submitted by consortium of the 3rd and 4th Respondent amounts to accepting 95.2% waiver/haircut of the dues. The assignor of the Appellant i.e. Dena Bank, recorded its dissent against the haircut of more than 9 .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... d. 5. Learned counsel for the Appellant - 'assignee of Dena Bank' further submitted that the Appellant is the only 'Financial Creditor' holding exclusive mortgage and cannot be treated at par with other 'Financial Creditors'. Reliance has been placed on the decision of this Appellate Tribunal in 'Binani Industries Limited vs. Bank of Baroda & Anr.' - '2018 SCC OnLine NCLAT 565' to suggest that th .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... 'employees', 'related parties' and the 'statutory dues' as also viability and feasibility of the 'resolution plan', the impugned order of approval has been passed by the Adjudicating Authority. 7. We find no substance in the grievances being made by the Appellant. In absence of any discrepancies or discrimination, this Appellate Tribunal is not inclined to interfere with the impugned order. The .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates