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2018 (7) TMI 2158 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHILiquidation of Company - absence of any viable ‘Resolution Plan’ - Section 33 of the Insolvency and Bankruptcy Code, 2016 - HELD THAT:- This Appellate Tribunal held that all the ‘Resolution Plans’ were taken into consideration by the ‘Committee of Creditors’. However, in absence of any viable ‘Resolution Plan’ and due to paucity of time they recommended for liquidation of the Company. Viability or feasibility of ‘Resolution Plan’ - HELD THAT:- The Adjudicating Authority or this Appellate Tribunal cannot sit in appeal over the decision of the ‘Committee of Creditors’. They are the experts to find out the viability and the feasibility of a plan and the matrix. As the aforesaid factors are technical in nature which can be determined by experts like the ‘Financial Creditors’, we are not inclined to sit in appeal over the decision of the ‘Committee of Creditors’ to find out whether one or other ‘Resolution Plan’ is viable and feasible or not. Appeal dismissed.
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