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Case details
NCLT Hyderabad: median 439 days admission → verdict · 38% of concluded matters ended in plan approval (n=348, full record) · all benches →
The liquidation order
CoC rejected the Resolution Plan(s) of the Original/Reconstituted Consortium and, at the 14th CoC meeting pursuant to e-voting, directed the Resolution Professional to file an application for liquidation; no valid Resolution Plan was accepted by the members of the CoC and the CIRP ended on 27.11.2018. The Tribunal held it "is bound to pass an order of liquidation" once the CoC has exercised its commercial wisdom.
the resolution professional continued as liquidator
K.ANANTHA PADMANABHA SWAMY, MEMBER JUDICIAL (printed in the order sheet as HON'BLE SHRI K ANANTHA PADMANABHA SWAMY - MEMBER JUDICIAL)
From the bench, verbatim"It is pertinent to note that the word 'Liquidation' does not appear anywhere in the stated objectives of the Code. However, if no viable Resolution Plan is received by the CoC, the only alternative left is liquidation." (p.30, para 20) | "Once the CoC has exercised its commercial wisdom in rejecting the Revised Resolution Plan submitted by the Resolution Applicant and has taken such decision after much discussion and deliberation, it is not open for the Adjudicating Authority to intervene and impose its wisdom or supplement the wisdom of the CoC." (p.30, para 22) | "However this Adjudicating Authority is not inclined to grant any such prayer as the same would affect the rights and interest of the various stake holders of Corporate Debtor." (p.31, para 24 - refusing the RP's prayer to restrain invocation of the Corporate Debtor's bank guarantees)
Dates the order recites · 20
E-auction record
Reserves between Rs 44.38 Cr and Rs 1,090.98 Cr across the notices below.
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