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Admissibility of section 7 application - CIRP - existence of ...


NCLAT Confirms Debt and Default, Upholds CoC's Resolution Plan Under IBC, Emphasizes Limited Judicial Review in Insolvency.

February 14, 2024

Case Laws     Insolvency and Bankruptcy     AT

Admissibility of section 7 application - CIRP - existence of debt and default or not - The NCLAT held that the financial distress and inability of the corporate debtor to repay its debt as per schedule led to the correct application of the Insolvency & Bankruptcy Code, 2016 (IBC). Additionally, the Tribunal supported the commercial wisdom of the Committee of Creditors (CoC) in approving a resolution plan that provided for the full claim of the secured financial creditor along with accrued interest, emphasizing the limited scope of judicial review over the CoC's decisions.

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