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IBC - Highlights / Catch Notes

Home Highlights May 2021 Year 2021 This

Liquidation of Corporate Debtor - This ‘Tribunal’ keeping in ...


Tribunal Upholds Liquidation Order as Committee of Creditors Rejects Resolution Plan with 76.02% Vote, Aligning with IBC Section 33(2.

May 21, 2021

Case Laws     Insolvency and Bankruptcy     AT

Liquidation of Corporate Debtor - This ‘Tribunal’ keeping in mind of a primordial fact that the decision of the ‘Committee of Creditors’ takes a pivotal seat based on ‘Commercial Wisdom’, taking note of the fact that the ‘Committee of Creditors Members’ with 76.02% voting share had voted against the ‘Resolution Plan’ and in the teeth of ingredients of 33(2) of the Insolvency and Bankruptcy Code, 2016, comes to a irresistible conclusion that the ‘impugned order of Liquidation’ in respect of the ‘Corporate Debtor’ passed by the ‘Adjudicating Authority’ is free from legal infirmities- AT

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