Approval of Resolution Plan - The NCLAT found no error in the ...

NCLAT Affirms CoC's Authority in Insolvency Cases, Protecting Their Discretion Over Financial Proposal Evaluations.

February 2, 2024

Case Laws Insolvency and Bankruptcy AT

Approval of Resolution Plan - The NCLAT found no error in the adjudicating authority's decision, emphasizing the paramount importance of the commercial wisdom of the Committee of Creditors (CoC) in the insolvency resolution process. The Tribunal clarified that the determination of the net present value (NPV) of financial proposals and the allocation of marks based on the evaluation matrix are within the CoC's commercial wisdom and are not justiciable.

View Source

← Previous Next →

Approval of Resolution Plan - The NCLAT found no error in the ...

NCLAT Affirms CoC's Authority in Insolvency Cases, Protecting Their Discretion Over Financial Proposal Evaluations.

February 2, 2024

Case Laws Insolvency and Bankruptcy AT

You may also like:

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:...

Consideration of Resolution Plan from Non-Listed Applicants - Authority of CoC to Modify Invitation for Expression of Interest (EOI) - The NCLAT upheld Regulation...

Initiation of CIRP - Financial creditor within the meaning of sub-section (7) of Section 5 of the IBC - The Supreme Court affirmed the NCLAT’s judgment, holding that the...

Rejection of the appellant's proposal for settlement u/s 12A of the Insolvency and Bankruptcy Code (IBC) by the Committee of Creditors (CoC) and the National Company Law...

The National Company Law Appellate Tribunal (NCLAT) has remanded the case back to the Adjudicating Authority (AA) to examine and decide the issues in a comprehensive...

Admission of section 7 application - financial debt owed by the Corporate Debtor or not - Home Buyers - The application was filed by respondents, who were allottees in a...

Corporate debtor defaulted in repaying financial debt owed to financial creditor. NCLAT dismissed appeal, upholding orders of adjudicating authority. Transaction...

NCLAT dismissed an appeal challenging the rejection of a new resolution plan submission. The tribunal held that once a resolution plan is approved by the Committee of...

Admission of section 7 application - financial debt or not - The Tribunal affirmed that the disbursal of ₹5 crores to the corporate debtor by the financial...

The Appellant, a related party unsecured financial creditor, challenged the resolution plan approved by the Committee of Creditors (CoC) and the Adjudicating Authority,...

Code of Conduct for the CoC - The Delhi High Court directed the Insolvency and Bankruptcy Board of India (IBBI) to frame or finalize a code of conduct/guidelines for the...

The NCLAT upheld the order of the Adjudicating Authority directing valuation of intangible assets and rejecting the appellant's revised resolution plan. The appellant's...

Prayer for direction for placing the Settlement Proposal submitted by the Appellant before the CoC for consideration - CoC unanimously decided to reject the proposal...

Liquidation of the Corporate Debtor - the Adjudicating Authority vide order dated 28.09.2021 gave opportunity to the Resolution Professional and the CoC to take steps to...

Resolution plan approved by Committee of Creditors (CoC) with 97.54% vote share. Commercial wisdom of CoC in approving resolution plan not to be lightly interfered with....

Quick Updates: