The NCLAT examined a challenge to a resolution plan under the ...

Resolution Plan Challenge Dismissed: Unsuccessful Applicant Lacks Standing to Contest Commercial Wisdom of Insolvency Proceedings

May 10, 2025

Case Laws     IBC     Tri

The NCLAT examined a challenge to a resolution plan under the Insolvency and Bankruptcy Code. The Tribunal held that the applicant, as an unsuccessful resolution applicant, lacks locus standi to challenge the plan, except on specific eligibility grounds. The CoC's commercial wisdom in selecting a resolution plan was deemed non-justiciable. The Tribunal found no violation of natural justice, confirmed Respondent No. 3's eligibility under Section 29A, and determined that a related party connection was not established. The revised financial bid submitted post-timeline was rejected. Consequently, the Tribunal dismissed the appeal, upholding the original resolution plan's approval.

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