The case involves an appeal against an order of the National Company Law Appellate Tribunal (NCLAT) which had set aside the order of the National Company Law Tribunal (NCLT) approving a Resolution Plan. The NCLAT's decision was based on the fact that the Resolution Plan was approved by a Single Member of the NCLT in violation of Section 419(3) of the Companies Act 2013, and that the circumstances required under Section 30(2) of the Insolvency and Bankruptcy Code 2016 were not considered.
The Bank of Baroda (Erstwhile Vijaya Bank) filed an appeal against an order by the National Company Law Appellate Tribunal (NCLAT). The NCLAT had set aside an order of the National Company Law Tribunal (NCLT) which approved a Resolution Plan for Suchi Paper Mills Ltd. The NCLAT's decision was based on the fact that a single member of the NCLT approved the Resolution Plan, violating Section 419(3) of the Companies Act 2013. The NCLAT also noted that the NCLT failed to consider the requirements of Section 30(2) of the Insolvency and Bankruptcy Code 2016. During the Supreme Court hearing, it was submitted that substantial steps were taken to implement the approved plan and that the dues of the financial creditors were also settled. The Supreme Court disposed of the
…Sign in to view the parties.
The National Company…
The National Company…
Sign in to view related legal provisions.
The case involves an appeal against an order of the National Company Law Appellate Tribunal (NCLAT) which had set aside the order of the National Company Law Tribunal (NCLT) approving a Resolution Plan. The NCLAT's decision was based on the fact that the Resolution Plan was approved by a Single Member of the NCLT in violation of Section 419(3) of the Companies Act 2013, and that the circumstances required under Section 30(2) of the Insolvency and Bankruptcy Code 2016 were not considered.
The Bank of Baroda (Erstwhile Vijaya Bank) filed an appeal against an order by the National Company Law Appellate Tribunal (NCLAT). The NCLAT had set aside an order of the National Company Law Tribunal (NCLT) which approved a Resolution Plan for Suchi Paper Mills Ltd. The NCLAT's decision was based on the fact that a single member of the NCLT approved the Resolution Plan, violating Section 419(3) of the Companies Act 2013. The NCLAT also noted that the NCLT failed to consider the requirements of Section 30(2) of the Insolvency and Bankruptcy Code 2016. During the Supreme Court hearing, it was submitted that substantial steps were taken to implement the approved plan and that the dues of the financial creditors were also settled. The Supreme Court disposed of the
…The National Company…
The National Company…
Sign in to view related legal provisions.