ACIL ("Corporate Debtor") was admitted into Corporate Insolvency Resolution Process ("CIRP") under the IBC by the NCLT. The Resolution Plan submitted by RF Limited ("Successful Resolution Applicant/SRA") was approved by
CS Professional · Corporate Restructuring, Valuation and Insolvency · PYQS · June 2026
ACIL ("Corporate Debtor") was admitted into Corporate Insolvency Resolution Process ("CIRP") under the IBC by the NCLT. The Resolution Plan submitted by RF Limited ("Successful Resolution Applicant/SRA") was approved by the Committee of Creditors (CoC) for the Corporate Debtor. Accordingly, the Resolution Professional filed an application under Section 30(6) of IBC before the NCLT, seeking approval of resolution plan. On 01.09.2021, the NCLT kept the approval of SRA's Resolution Plan in abeyance and directed the Official Liquidator (OL) to provide exact figures/value of assets. The SRA filed an appeal before the National Company Law Appellate Tribunal ("NCLAT") against the order dated 01.09.2021. The main issue before the Supreme Court was regarding the jurisdiction of the NCLT's to order a revaluation when there were no objections raised regarding the Resolution Plan's Approval process. The Court had the question of whether the NCLT & NCLAT have overstepped their powers in overlooking the decision of the CoC (Committee of Creditors). Discuss whether the NCLT & NCLAT have overstepped their powers in overlooking the decision of the CoC, based on a decided case law.
Answer & Explanation:
The present case is similar to the case of Ramkrishna Forgings Limited vs. Ravindra Loonkar, Resolution Professional of ACIL Limited & Anr, Civil Appeal No.1527 of 2022; In the above case the Supreme Court held that the Resolution Professional has complied with the statutory requirements of involving two approved valuers for giving reports regarding the fair market value and the liquidation value. The Court emphasised the fact that the NCLT should not interfere with the commercial decisions of the CoC, especially when there were no irregularities raised. The Judgment also underlined the fact that the objective of the Resolution Plan was revival and not liquidation. The Court highlighted the CoC's Authority to decide on the Corporate Debtor's Debt Resolution. Therefore, NCLT and NCLAT have overstepped their powers in overlooking the decision of CoC, considering the above judgement.
Topics: Insolvency
Related Questions in this Topic
- M/s. Agarwal Textiles Ltd., a company based in Surat, Gujarat, faced significant financial distress due to a downturn in...
- Recognizing the need to alleviate the compliance burden for Insolvency Professionals (IPs), the IBBI has issued a circul...
- Regulation 31A of the IBBI (Liquidation Process) Regulations, 2016, mandates that a liquidator must constitute a Stakeho...
- Collins & Aikman (C&A), an automotive supplier, operated as a multinational group. It entered insolvency with it...
- Imagine that you're advising a Government that wants to improve its insolvency and creditor rights system to boost econo...