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The NCLAT rejected the intervention application filed by the ...


Unsuccessful bidder's challenge to approved resolution plan dismissed due to lack of locus standi.

December 24, 2024

Case Laws     IBC     AT

The NCLAT rejected the intervention application filed by the Appellant for approval of the Resolution Plan u/s 30 of the I&B Code. The Appellant was an unsuccessful Resolution Applicant and lacked locus standi to become a party to the proceedings. The NCLAT held that the Adjudicating Authority has the prerogative to determine whether the approved Resolution Plan by the COC falls within the parameters prescribed in Section 30(2), and the Appellant has no right to ensure its compliance. The NCLAT allowed the impleadment of M/s Lulu International Shopping Malls Private Limited, whose Resolution Plan was approved. Since the Appellant's Intervention Application was rejected and its Resolution Plan was rejected without challenge, the NCLAT dismissed the appeal, holding that the Appellant has no locus standi to intervene or challenge the approval of the Resolution Plan granted to M/s Lulu International Shopping Malls Private Limited.

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