B. V. NAGARATHNA, R. MAHADEVAN
Torrent Power Ltd. – Appellant
Versus
Ashish Arjunkumar Rathi – Respondent
Based on the provided legal document, here are the key points regarding the judgment:
JUDGMENT :
B.V. NAGARATHNA, J.
Preface:
1. The Insolvency and Bankruptcy Code, 2016 (for short “IBC”) marks a fundamental shift in India’s insolvency regime: from a court-centric model to a creditor-driven process. At its core lies the doctrine of commercial wisdom: a conscious legislative choice to vest decisive authority in the Committee of Creditors (for short “CoC”), comprising financial creditors who bear the economic consequences of failure.
1.1 The IBC recognises that decisions on viability, valuation, and acceptable haircuts are inherently commercial, not judicial. Courts, therefore, do not substitute their assessment for that of the CoC. The adjudicating authority performs a supervisory role, ensuring statutory compliance and procedural fairness but refrains from second-guessing economic bodies, in this case, the CoC.
1.2 The doctrine of commercial wisdom thus embodies both institutional discipline and legislative intent: insolvency resolution must be efficient, market-responsive and guided by those best placed to evaluate commercial risk.
1.3 With this preface, we now proceed to examine the facts and issues arising in the present civil appeals.
Introduction:
2. The unsuccessful r
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The rejection of a Resolution Plan must comply with statutory requirements, and commercial wisdom of the Committee of Creditors is paramount, limiting the adjudicatory review.
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