Insolvency and Bankruptcy Code, 2016 – ss. 30(2) and 31 –
Contours of the jurisdiction of Adjudicating Authority in dealing
with a resolution plan – Held: The Adjudicating Authority has limited
jurisdiction in the matter of approval of a resolution plan, which is
well-defined and circumscribed by ss.30(2) and 31 of the Code – In
the adjudicatory process concerning a resolution plan under IBC,
there is no scope for interference with the commercial aspects of
the decision of the Committee of Creditors (CoC); and there is no
scope for substituting any commercial term of the resolution plan
approved by Committee of Creditors – If, within its limited
jurisdiction, the Adjudicating Authority finds any shortcoming in
the resolution plan vis-à-vis the specified parameters, it would only
send the resolution plan back to the Committee of Creditors, for re-
submission after satisfying the parameters delineated by the Code
and exposited by the Supreme Court.
Insolvency and Bankruptcy Code, 2016 – Resolution plan –
Activities of the corporate debtor had impact on a large number of
persons/ entities, including buyers of flats/apartments in its real
estate development projects – Whether approval of the resolution
plan of NBCC was vitiated because of simultaneous voting over
two resolution plans in the Committee of Creditors – Held: The
process of simultaneous voting over two plans for electing one of
them could not be faulted in the present case; and approval of the
resolution plan of NBCC was not vitiated because of simultaneous
consideration and voting over two resolution plans by the Committee
of Creditors.
Insolvency and Bankruptcy Code, 2016 – Resolution plan –
Activities of the corporate debtor had impact on a large number of persons/ entities, including buyers of flats/apartments in its real
estate development projects – Whether, after approval of the
resolution plan of NBCC by the Committee of Creditors, where
homebuyers as a class assented to the plan, any individual
homebuyer or any association of homebuyers could maintain a
challenge to the resolution plan and could be treated as a dissenting
financial creditor or an aggrieved person – Whether any housing
project which was completed or nearing completion ought to be
kept out of the purview of the resolution plan – Held: On facts, the
homebuyers as a class having assented to the resolution plan of
NBCC, any individual homebuyer or any association of homebuyers
cannot maintain a challenge to the resolution plan and cannot be
treated as a dissenting financial creditor or an aggrieved person;
and when the resolution plan comprehensively deals with all the
assets and liabilities of the corporate debtor, no housing project of
the corporate debtor could be segregated merely for the reason
that same was completed or nearing completion.