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IBC - Highlights / Catch Notes

Home Highlights February 2020 Year 2020 This

CIRP process - We are not convinced with the argument that ...

Case Laws     Insolvency and Bankruptcy

February 3, 2020

CIRP process - We are not convinced with the argument that amended Sub-Section (4) of Section 30 requires only Secured Financial Creditors to contribute towards interim finance and not the Unsecured Financial Creditors. No such interpretation can be drawn. We will not interfere in the collective decision of COC in this regard - The dissenting Financial Creditor in COC cannot be allowed to scuttle CIRP process otherwise the provision permitting COC to take decisions with regard to subjects stated in Section 28(1) by given majority of 66% under Section 28(3) would be rendered nugatory.

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