https://www.taxtmi.com/caselaws?id=794489 In real estate insolvency, a dissenting secured creditor's entitlement under the IBC is limited to the value of its actual and legally enforceable security interest; ACRE's security was confined to unsold inventory, excluding sold units and homebuyers' crystallised allotment rights, so the plan's payment above that assessed value was compliant and its challenge failed. Objections by Dhankalash on valuation, feasibility, viability, and alleged non-compliance with Section 30(2) were held to fall within the CoC's commercial wisdom, with no material prejudice or mandatory legal breach, so its appeal was dismissed. A registered sub-lease deed creating a first charge in favour of NOIDA amounted to a security interest, making its classification as an operational creditor erroneous; the plan distribution was required to be revised accordingly. en-us Tue, 30 Jun 2026 00:00:00 +0530 Tue, 07 Jul 2026 08:39:47 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=794489 In real estate insolvency, a dissenting secured creditor's entitlement under the IBC is limited to the value of its actual and legally enforceable security interest; ACRE's security was confined to unsold inventory, excluding sold units and homebuyers' crystallised allotment rights, so the plan's payment above that assessed value was compliant and its challenge failed. Objections by Dhankalash on valuation, feasibility, viability, and alleged non-compliance with Section 30(2) were held to fall within the CoC's commercial wisdom, with no material prejudice or mandatory legal breach, so its appeal was dismissed. A registered sub-lease deed creating a first charge in favour of NOIDA amounted to a security interest, making its classification as an operational creditor erroneous; the plan distribution was required to be revised accordingly. Case-Laws IBC Tue, 30 Jun 2026 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=794489