Commercial Wisdom of Creditors Prevails: Higher Bid Wins, Liquidation Process Validated Under Insolvency Code

NCLAT upheld the Committee of Creditors' (CoC) commercial wisdom in rejecting the resolution plan. The sole CoC member abstained from voting, which was deemed a valid exercise of discretion. The liquidation application was filed with CoC's consent, and an e-auction was conducted where Respondents 4-7 submitted a successful bid of Rs. 20.63 Cr, significantly higher than the Appellant's offer of Rs. 8 Cr. The tribunal confirmed the legality of the liquidation process, emphasizing that the CoC's decision cannot be questioned. The sale certificate was issued to the successful bidders, and the appeal was consequently dismissed, upholding the statutory framework under the Insolvency and Bankruptcy Code. .....

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