Resolution Process - determination of liquidation value - The ...

CoC Must Respect Registered Valuers' Liquidation Value in Resolution Process; Fresh Valuation Only with Valid Reasons.

April 12, 2023

Case Laws Insolvency and Bankruptcy AT

Resolution Process - determination of liquidation value - The liquidation value fixed by the Valuers cannot be ignored in the resolution process. It is true that CoC on any valid reason can take a call to ask for any fresh valuation due to any relevant circumstances, but the valuation done by the Registered Valuers and average of liquidation value taken up by the Valuers serves the specific purpose and cannot be allowed to be disregarded by the CoC. In event, it is accepted that the CoC can change the liquidation value on its own, that may lead to unsatisfactory results - AT

View Source

← Previous Next →

Resolution Process - determination of liquidation value - The ...

CoC Must Respect Registered Valuers' Liquidation Value in Resolution Process; Fresh Valuation Only with Valid Reasons.

April 12, 2023

Case Laws Insolvency and Bankruptcy AT

You may also like:

Approval of the resolution plan - ascertaining the liquidation value of the Corporate Debtor - The Appellant did not raise any objection regarding assessment of the...

The Committee of Creditors (CoC) with 100% vote share can directly proceed for liquidation of the Corporate Debtor without taking steps for resolution, as the power...

Matching of liquidation value in the resolution plan under IBC - No provision in the Code or Regulations has been brought to our notice under which the bid of any...

The NCLAT held that the requirement of obtaining a No Objection Certificate (NOC) from stock exchanges under Regulation 37(1) and (2) of the LODR (Listing Obligations...

Validity of Resolution Plan - upfront payment suggested by the ‘Resolution Applicant’ being less than average of the liquidation value to the ‘Financial/Operational...

Approval of Resolution Plan - voting share was not sufficient enough to get any plan approved - There are only two option available as on date, first to direct the...

The NCLAT dismissed the appeal challenging the approval of the resolution plan by the Committee of Creditors (CoC) and the Adjudicating Authority. The key findings were:...

Appeal against order filed by Resolution Professional (RP) was disposed of. Resolution Plan submitted by Appellant was approved by Committee of Creditors (CoC) on...

Rejection of valuation report obtained by the RP from its valuers - The NCLAT observed that, Resolution Professional appointed valuers for asset valuation under CIRP...

Approval of Resolution plan - assigning nil value to Intangible assets is an error on the face of the two Valuation Reports and hence a fresh valuer needs to be...

Fresh consideration of resolution plan after a resolution approved by the CoC - Direction given by the NCLAT that Corporate Insolvency Resolution Process (CIRP) to be...

Approval of Resolution Plan which is lesser than liquidation value - No provision in the Code or Regulations has been brought to our notice under which the bid of any...

Approval of Resolution Plan - Fresh claim - When the Resolution Plan has already been approved by the CoC and it is pending before the Adjudicating Authority for...

A bidder in the liquidation process does not have a vested right to have their resolution plan considered or approved. - Regarding valuation of property, NCLAT...

Backdoor entry for approval of resolution plan - The action of the RP and CoC is in violation of the express provisions of the Code and Regulations made thereunder....

Quick Updates: