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As per the case facts appeals were filed against a National Company Law Appellate Tribunal NCLAT judgment that overturned a National Company Law Tribunal NCLT order in a Corporate Insolvency
...Resolution Process CIRP The NCLAT rejected a resolution plan and directed a fresh invitation for expressions of interest The reason for the appeal to the Supreme Court was to challenge the NCLAT's rejection of the resolution plan and to address various issues within the CIRP including valuation and the treatment of related parties The question arose concerning the validity of the NCLAT's disapproval of the resolution plan and its subsequent directions for a new process along with interpretations of various IBC provisions concerning resolution plans and related parties Finally the Supreme Court disposed of the appeals upholding the NCLAT's non-approval of the resolution plan for specific reasons it affirmed However it set aside other NCLAT findings and directions The question of a fresh settlement proposal from the promoter was left open for the Adjudicating Authority's consideration to be decided based on applicable law and facts
Bench
Applied Acts & Sections
Section 7
–The Insolvency and Bankruptcy Code, 2016
Section 12
–The Insolvency and Bankruptcy Code, 2016
Section 12A
–The Insolvency and Bankruptcy Code, 2016
Section 29A
–The Insolvency and Bankruptcy Code, 2016
Section 30
–The Insolvency and Bankruptcy Code, 2016
Section 43
–The Insolvency and Bankruptcy Code, 2016
Section 53
–The Insolvency and Bankruptcy Code, 2016
Section 61
–The Insolvency and Bankruptcy Code, 2016
Section 238
–The Insolvency and Bankruptcy Code, 2016
Legal Notes
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