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D.Y.CHANDRACHUD, M.R.SHAH
Pratap Technocrats (P) Ltd. – Appellant
Versus
Monitoring Committee of Reliance Infratel Limited – Respondent
JUDGMENT :
DHANANJAYA Y. CHANDRACHUD, J.
| Index | |
| (A) | The Appeal |
| (B) | Corporate Resolution Insolvency Process |
| (C) | Approval of Resolution Plan |
| (D) | Challenge before Appellate Tribunal |
| (E) | Submissions |
| (F) | Analysis |
| (F.1) | Clearing the ground |
| (F.2) | Jurisdiction to approve a Resolution Plan |
| (F.3) | Exercise of jurisdiction |
| (G) | Conclusion |
(A) The Appeal
1. This appeal arises under Section 62 of Insolvency and Bankruptcy Code1 [IBC] against a judgment the dated 4 January 2021 of the National Company Law Appellate Tribunal2 [NCLAT/Appellate Authority]. Reliance Infratel Limited3 [RIL] is the corporate debtor. The appellants are operational creditors. By its order dated 3 December 2020, the National Company Law Tribunal, Mumbai4 [NCLT/Adjudicating Authority] approved the resolution plan formulated in the course of the insolvency resolution process5 [CIRP] of the Corporate Debtor. The NCLAT has upheld the order.
(B) Corporate Resolution Insolvency Process
2. The CIRP of the Corporate Debtor was initiated by an order date
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