The case involves an appeal against a judgment that remitted the matter to the NCLT. The NCLT's decision was based on Section 30(2) of the Insolvency and Bankruptcy Code, stating that a resolution plan lesser than the liquidation value cannot be accepted, aligning with the principle of maximizing the corporate debtor's assets.
State Bank of India filed an appeal against M/S. Accord Life Spec Private Limited through Director & Ors. The NCLAT had remitted a matter to the NCLT based on the understanding that a resolution plan cannot be accepted if it is lesser than the liquidation value, citing Section 30(2) of the Insolvency and Bankruptcy Code. The Supreme Court, referring to its earlier judgment in Maharashtra Seamless Limited vs. Padmanabhan Venkatesh & Ors., noted that there is no provision in the Code or Regulations that requires a resolution applicant's bid to match the liquidation value. The application for impleadment was dismissed as withdrawn.
Sign in to view the parties.
The NCLAT remitted the matter to the NCLT…
The Supreme Court's judgment in Civil Appeal…
Sign in to view related legal provisions.
The case involves an appeal against a judgment that remitted the matter to the NCLT. The NCLT's decision was based on Section 30(2) of the Insolvency and Bankruptcy Code, stating that a resolution plan lesser than the liquidation value cannot be accepted, aligning with the principle of maximizing the corporate debtor's assets.
State Bank of India filed an appeal against M/S. Accord Life Spec Private Limited through Director & Ors. The NCLAT had remitted a matter to the NCLT based on the understanding that a resolution plan cannot be accepted if it is lesser than the liquidation value, citing Section 30(2) of the Insolvency and Bankruptcy Code. The Supreme Court, referring to its earlier judgment in Maharashtra Seamless Limited vs. Padmanabhan Venkatesh & Ors., noted that there is no provision in the Code or Regulations that requires a resolution applicant's bid to match the liquidation value. The application for impleadment was dismissed as withdrawn.
The NCLAT remitted the matter to the NCLT…
The Supreme Court's judgment in Civil Appeal…
Sign in to view related legal provisions.