The case involves an application filed under Section 60(5) of the Insolvency & Bankruptcy Code, 2016. The Committee of Creditors (CoC) rejected the applicant's resolution plan, deeming it commercially unviable. The applicant then assailed the CoC's decision, leading to the present matter before the National Company Law Tribunal (NCLT).
Vijayalakshmi Industries Private Limited filed an application challenging the rejection of its resolution plan by the Committee of Creditors (CoC) of Senthil Papers and Boards Private Limited. The CoC rejected the plan because it was deemed commercially unviable. The applicant, Vijayalakshmi Industries, argued against the CoC's decision. The NCLT considered the application, referencing the Insolvency & Bankruptcy Code, 2016, and a Supreme Court judgment (K. Sashidhar vs. Indian Overseas Bank) that limits the NCLT's ability to interfere with the CoC's commercial decisions. The key fact is the CoC's rejection of the resolution plan based on commercial non-viability, which triggered the legal challenge.
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MA/610/2018 filed by…
CP/612/IB…
The case involves an application filed under Section 60(5) of the Insolvency & Bankruptcy Code, 2016. The Committee of Creditors (CoC) rejected the applicant's resolution plan, deeming it commercially unviable. The applicant then assailed the CoC's decision, leading to the present matter before the National Company Law Tribunal (NCLT).
Vijayalakshmi Industries Private Limited filed an application challenging the rejection of its resolution plan by the Committee of Creditors (CoC) of Senthil Papers and Boards Private Limited. The CoC rejected the plan because it was deemed commercially unviable. The applicant, Vijayalakshmi Industries, argued against the CoC's decision. The NCLT considered the application, referencing the Insolvency & Bankruptcy Code, 2016, and a Supreme Court judgment (K. Sashidhar vs. Indian Overseas Bank) that limits the NCLT's ability to interfere with the CoC's commercial decisions. The key fact is the CoC's rejection of the resolution plan based on commercial non-viability, which triggered the legal challenge.
MA/610/2018 filed by…
CP/612/IB…