Search Results for Tag : Commercial wisdom

Judgments

Decision of the CoC’s ‘commercial wisdom’ is non¬ justifiable, except on limited grounds(17.12.2021)

Present appeals assail the judgment and order passed by the National Company Law Appellate Tribunal, New Delhi (“the NCLAT”), thereby allowing the app.....

Tags : Resolution Plan, Process, Commercial wisdom

Adjudicating authority or the Appellate Authority cannot sit in appeal over commercial wisdom Of CoC(03.06.2022)

Issue in present case is with regard to withdrawal of the application filed under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC) in view .....

Tags : Commercial wisdom, CoC, Jurisdiction

Commercial wisdom of the CoC is to be given paramount importance for approval/rejection of a Resolution Plan(23.11.2023)

Aggrieved by the Impugned Order, the Suspended Director and Promotor of the Corporate Debtor Company, preferred presentappeal, under Section 61 of the.....

Tags : Commercial wisdom, CoC, Judicial review

News

SC: NCLT/NCLAT Cannot Interfere with Commercial Wisdom of Committee of Creditors(11.03.2021)

Supreme Court has reiterated that the National Company Law Tribunal (NCLT) or the National Company Law Appellate Tribunal (NCLAT) cannot interfere wit.....

Tags : Supreme Court, Commercial Wisdom of Committee of Creditors

SC: Principle of Commercial Wisdom Doesn’t Validate CoC’s Decision Taken in Contravention of Law(08.05.2023)

Supreme Court has held that the principle of Commercial wisdom cannot be used to validate the decision of Committee of Creditors (CoC) which was taken.....

Tags : Supreme Court, Commercial Wisdom, Committee of Creditors

NCLAT: Can’t Interfere with CoC’s Commercial Wisdom to Distribute Amount Based on Security Interest(03.02.2025)

NCLAT New Delhi has observed that if the provisions of Insolvency and Bankruptcy Code, 2016 are complied with then there cannot be interference in the.....

Tags : NCLAT New Delhi, Commercial Wisdom, Security Interest

Supreme Court: CoC’s Commercial Wisdom Does Not Shield All its Decisions From Judicial Scrutiny(25.03.2026)

Supreme Court emphasized that while the commercial wisdom of the Committee of Creditors is paramount, it is not absolute and may be subject to judicia.....

Tags : Commercial Wisdom, Committee of Creditors, Judicial Scrutiny