Corporate Insolvency Process Violated Code; Committee of Creditors Invalid, Leading to Flawed Decisions and Liquidation Order Overturned.
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....Liquidation of Corporate Debtor - the corporate insolvency process in the instant case is totally in disregard of the provision of the Code and Regulations thereunder. The formation of the Committee of Creditors in the instant case is a nullity in the eyes of the law. Since the illegally constituted committee of creditors took the decisions at every stage of CIRP. Therefore, the entire corporate insolvency resolution process of the Corporate Debtor is found to be vitiated. Therefore the impugned order of liquidation passed by the Adjudicating Authority deserves to be set aside. - AT....
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