By Ankit Verma , Laws, Courts & Judgments.
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Case Law
Subject : Insolvency Law - Corporate Insolvency Resolution Process (CIRP)
Hyderabad, India
– In a significant development for the insolvency resolution of
The CIRP commenced in April 2019 following a petition filed by Andhra Bank (now Union Bank of India) under Section 7 of the Insolvency and Bankruptcy Code (IBC). After numerous challenges and procedural complexities, the Committee of Creditors (CoC) finally approved the resolution plan proposed by JEPLConsortium with a unanimous 100% voting share.
The approved resolution plan, valued at ₹237 Crore, outlines payouts to various stakeholders, with a significant portion allocated to secured financial creditors. The plan also includes provisions for operational creditors, employees, and government dues. Notably, the plan earmarks ₹90 Crore for fund infusion into
The NCLT bench, after reviewing the plan, affirmed its compliance with Section 30(2) of the IBC and related regulations. Citing precedents like K. Sashidhar v. Indian Overseas Bank and Essar Steel , the Tribunal emphasized the limited scope of judicial review in resolution plan approvals, primarily focusing on procedural and statutory compliance rather than commercial wisdom. The order makes the resolution plan binding on all stakeholders, extinguishing all prior liabilities not included in the plan.
In a related matter, the NCLT dismissed an application (IA(IBC)/235/2025) by
The Tribunal sided with the Resolution Professional's contention that the claim was unsubstantiated and contradicted existing lease agreements where payments had been consistently made for a smaller area. The NCLT observed that the claim was raised belatedly and seemed intended to obstruct the advanced stage of the resolution process. Furthermore, the Tribunal imposed a cost of ₹5 Lakhs on
The Tribunal partly allowed an application (IA(IBC)/1897/2024) filed by Mr.
The NCLT, upon reviewing a letter of engagement, determined Mr.
Another application (IA(IBC)/351/2025) by
The NCLT noted discrepancies in property boundaries between the sale deeds presented by the applicant and the Corporate Debtor. The Tribunal clarified that determination of property title falls outside its summary jurisdiction, especially with ongoing litigation in other courts concerning the matter. While dismissing the plea to declare the sale deed in favor of
The series of orders passed by the
NCLT Hyderabad
Bench on February 25, 2025, represents a significant step forward in the resolution of
#InsolvencyLaw #CIRP #ResolutionPlan #NationalCompanyLawTribunal
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