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IBC - Highlights / Catch Notes

Home Highlights December 2022 Year 2022 This

Liquidation of Corporate Debtor - section 33 of IBC - This ...


Liquidation Under IBC Section 33: A Last Resort, Tribunal Stresses Adjudicating Authority's Limited Role in Creditors' Decisions.

December 5, 2022

Case Laws     Insolvency and Bankruptcy     AT

Liquidation of Corporate Debtor - section 33 of IBC - This Appellate Tribunal is very conscious of the fact that Liquidation should be the last resort as this virtually tantamount to death knell of the Corporate Debtor, However, it is also to be considered that the Corporate Insolvency Resolution Process proceedings are required to be completed within stipulated period - the Adjudicating Authority has no jurisdiction and/ or authority to analyse or evaluate the decision of the Committee of Creditors to enquire into the justness of the rejection of the Resolution Plan by the dissenting Financial Creditors. - AT

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