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Home Highlights February 2024 Year 2024 This

Extension of the CIRP period of the Corporate Debtor by 60 days ...


CIRP Period Extended by 60 Days; Tribunal Upholds CoC's Decision-Making Authority Under Insolvency and Bankruptcy Code.

February 19, 2024

Case Laws     Insolvency and Bankruptcy     AT

Extension of the CIRP period of the Corporate Debtor by 60 days - The commercial wisdom of the CoC is paramount and non-justiciable, except on limited grounds specified under the IBC. The tribunal underscored that the Adjudicating Authority cannot substitute its views for that of the CoC's commercial wisdom and, therefore, cannot direct the issuance of fresh Form-G when the CoC decided against it after due deliberation​​​​. - That part of the impugned order is set aside wherein the Adjudicating Authority has directed the RP to invite fresh expression of interest through wider publication of Form-G

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