Admissibility of electronic evidence bars undervaluation demands where printouts, retracted statements and no cross-examination leave the case unprove...
Limitation in oppression and mismanagement proceedings: prior knowledge of removal and dilution barred the challenge, with valuation directions upheld...
NCLAT upheld the admission of Pre-Packaged Insolvency Resolution Process (PPIRP) for the Corporate Debtor (CD), a registered MSME. While acknowledging that the Section 54C application was filed beyond the 14-day statutory period after the Section 7 application, the Tribunal determined it would not serve stakeholder interests to invalidate the completed resolution. The CD's resolution involved three consortium bank members, with SBI (47.21%), IDBI (26.70%), and Bank of Baroda (26.09%) vote shares. The Tribunal directed the Successful Resolution Applicant to pay any differential amount due to the dissenting financial creditor within 30 days, in accordance with Section 30(2)(b) of IBC. The resolution plan's implementation was maintained, prioritizing the special protection afforded to MSMEs under Chapter III-A of the IBC.
NCLAT upheld the admission of Pre-Packaged Insolvency Resolution Process (PPIRP) for the Corporate Debtor (CD), a registered MSME. While acknowledging that the Section 54C application was filed beyond the 14-day statutory period after the Section 7 application, the Tribunal determined it would not serve stakeholder interests to invalidate the completed resolution. The CD's resolution involved three consortium bank members, with SBI (47.21%), IDBI (26.70%), and Bank of Baroda (26.09%) vote shares. The Tribunal directed the Successful Resolution Applicant to pay any differential amount due to the dissenting financial creditor within 30 days, in accordance with Section 30(2)(b) of IBC. The resolution plan's implementation was maintained, prioritizing the special protection afforded to MSMEs under Chapter III-A of the IBC.
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