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IBC - Highlights / Catch Notes

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Appellant are Financial Creditors or not - no direct disbursal ...


Appellants Excluded from Creditors' Committee as Related Parties, Not Financial Creditors, Under IBC Section 21(2.

July 16, 2022

Case Laws     Insolvency and Bankruptcy     AT

Appellant are Financial Creditors or not - no direct disbursal of amount to the Corporate Debtor/Guarantor - Related Parties of the Corporate Debtor or not - The Appellants do have Positive Powers and are in a position to directly and indirectly Control the management and the policy decisions of the Corporate Debtor and hence there are no illegality in the Impugned Order passed by the Adjudicating Authority affirming the decision of the RP in deleting the Appellants from being part of the CoC as stipulated for under Section 21(2) of the Code. - AT

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