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IBC - Highlights / Catch Notes

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Challenge to resolution plan as approved by the CoC - Merely ...

Case Laws     Insolvency and Bankruptcy

October 23, 2023

Challenge to resolution plan as approved by the CoC - Merely because there is a reduction in the claim of any creditor does not make the resolution plan fall foul of law. We quite agree with the Adjudicating Authority that “resolution plan providing a lesser amount than admitted does not make it illegal”. Any clause in the resolution plan which requires creditors to take a hair-cut cannot be construed as being violative of Section 30(2)(e) of the IBC. - AT

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