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Home Highlights May 2025 Year 2025 This

NCLAT affirmed the Committee of Creditors' (CoC) liquidation ...


Corporate Insolvency Resolution: CoC Liquidation Upheld, Appellant Granted Limited Opportunity to Propose Alternative Scheme Under Section 33(2)

May 15, 2025

Case Laws     IBC     AT

NCLAT affirmed the Committee of Creditors' (CoC) liquidation resolution under Section 33(2) of IBC. The tribunal found no arbitrariness in CoC's decision to liquidate the corporate debtor. While rejecting the appellant's financial proposal, the court granted liberty to submit a compromise or arrangement scheme under Regulation 2B by 20.05.2025. The appeals challenging the liquidation order were dismissed, with the court noting that the Central Bank's objection to the addendum proposal was already accepted by the adjudicating authority. The decision preserves the CoC's statutory power to liquidate with 66% voting share while providing a limited avenue for the appellant to explore alternative resolution mechanisms.

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