Condonation of refiling delay refused where repeated defects, lack of diligence and vague explanations defeated the appeal against resolution plan app...
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The NCLAT allowed the appeal, set aside the impugned NCLT direction to convene meetings of remaining unsecured creditors and dispensed with the requirement to hold such meetings under Section 230 of the Companies Act. The Tribunal held that the NCLT's mandate to convene meetings despite recorded consents exceeding the 90% by value threshold constituted jurisdictional overreach and was legally unsustainable, particularly where the transferee's net worth materially improves post-scheme and unsecured claims are negligible relative to net worth. Applying Sections 230(6) and 230(9), the NCLAT concluded there is no compromise of unsecured creditors' rights and no necessity to call meetings, and accordingly allowed the appeal.
The NCLAT allowed the appeal, set aside the impugned NCLT direction to convene meetings of remaining unsecured creditors and dispensed with the requirement to hold such meetings under Section 230 of the Companies Act. The Tribunal held that the NCLT's mandate to convene meetings despite recorded consents exceeding the 90% by value threshold constituted jurisdictional overreach and was legally unsustainable, particularly where the transferee's net worth materially improves post-scheme and unsecured claims are negligible relative to net worth. Applying Sections 230(6) and 230(9), the NCLAT concluded there is no compromise of unsecured creditors' rights and no necessity to call meetings, and accordingly allowed the appeal.
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