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Issues: Whether the committee of creditors and the resolution professional acted fairly in the resolution process and whether the appellants were entitled to further extension of time and reconsideration of their revised resolution plan.
Analysis: The appeal arose from a challenge to rejection of the appellants' revised resolution plan and approval of another plan in a corporate insolvency resolution process. The record showed that the appellants were granted multiple extensions to revise their proposal, that the final extension was expressly stated to be the last, and that the CIRP was near expiry. The Tribunal held that the insolvency process is time-bound under Section 12 of the Insolvency and Bankruptcy Code, 2016 and that repeated extensions cannot be claimed as a matter of right. It further found no material to show bias, mala fides, or denial of equal opportunity, and accepted that the Committee of Creditors had taken its decision in exercise of its commercial wisdom. The Tribunal also declined to interfere with the rejection of the appellants' plan merely because they asserted a higher offer, noting that belated improvement of bids cannot derail the process.
Conclusion: The challenge to the resolution process failed; the appellants were not entitled to any further extension or reconsideration, and the approval/rejection decisions were upheld.
Final Conclusion: The appeal was rejected, and the impugned order dismissing the appellants' application was sustained.
Ratio Decidendi: In a corporate insolvency resolution process, once multiple opportunities have been afforded and the process is nearing its statutory limit, the Committee of Creditors' commercial decision to refuse further extension and proceed with resolution plan consideration is ordinarily not interfered with absent proven unfairness, mala fides, or statutory violation.