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IBC - Highlights / Catch Notes

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Approval of Resolution Plan Without Adequate Consideration of ...


Resolution Plan Approval Flawed for Ignoring Secured Creditor's Claim, Violating IBC Section 30(2) Requirements.

February 14, 2024

Case Laws     Insolvency and Bankruptcy     SC

Approval of Resolution Plan Without Adequate Consideration of Appellant's Claim - Greater Noida - - The Supreme court found that the resolution plan's approval was flawed as it did not properly acknowledge or incorporate the appellant's claim or its status as a secured creditor. The plan's failure to provide for the appellant's claim, as required under Section 30(2) of the IBC, rendered the approval process defective.

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