Jurisdiction - approval of resolution plan - Power of NCLT / ...

Case Laws Insolvency and Bankruptcy

June 4, 2022

Jurisdiction - approval of resolution plan - Power of NCLT / NCLAT over commercial wisdom of the Committee of Creditors (CoC) - This Court has consistently held that the commercial wisdom of the CoC has been given paramount status without any judicial intervention for ensuring completion of the stated processes within the timelines prescribed by the IBC. - It is thus clear that the decision of the CoC was taken after the members of the CoC, had due deliberation to consider the pros and cons of the Settlement Plan and took a decision exercising their commercial wisdom. Neither the learned NCLT nor the learned NCLAT were justified in not giving due weightage to the commercial wisdom of CoC. - SC

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Jurisdiction - approval of resolution plan - Power of NCLT / ...

Case Laws Insolvency and Bankruptcy

June 4, 2022

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