The NCLAT dismissed the appeal challenging a resolution plan ...

Resolution Plan Modifications Cannot Be Made After Deadline Despite Higher Financial Offer, CoC's Commercial Wisdom Prevails

March 20, 2025

Case Laws     IBC     AT

The NCLAT dismissed the appeal challenging a resolution plan approval, affirming that once all resolution applicants had submitted their final plans by the deadline, no further financial enhancements could be permitted. The appellant's plan was properly deliberated by the CoC and rejected in favor of another plan that received 98% approval. The Tribunal emphasized that commercial wisdom of the CoC holds paramount status with minimal scope for judicial intervention, as established in K. Sashidhar vs. Indian Overseas Bank. The NCLAT noted that Regulation 39(1A) of CIRP Regulations is merely enabling and does not mandate modification of plans. Since all applicants had equal opportunity to submit revised plans within the allowed timeframe, no grounds existed to interfere with the impugned order.

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