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IBC - Highlights / Catch Notes

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Approval of Resolution Plan - Whether the CoC and Adjudicating ...

Insolvency and Bankruptcy

October 4, 2022

Approval of Resolution Plan - Whether the CoC and Adjudicating Authority discriminated the Operational Creditors from Financial Creditor - once the plan was approved by CoC in its commercial wisdom, the Adjudicating Authority cannot interfere with such decision taken by the CoC, unless the plan is contrary to any of the provisions of IBC or any other law. It is not the case of the Appellant that in approved is against any of the provisions of the IBC or and any other, but, pleaded only discrimination. - AT

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