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Supreme Court of India 2022-02-25 dismissed

Ajay Gupta vs Pramod Kumar Sharma

Bench: 2 — Dinesh Maheshwari

In Brief

The Supreme Court dismissed an appeal by a resolution applicant challenging the lower tribunal's order allowing it to amend its resolution plan by extending payment to 90 days instead of 180 days. While granting this amendment, the tribunal also permitted the competing resolution applicant to modify its plan to maintain fairness. The Court held that when material terms of a resolution plan are amended, competitors deserve equal opportunity. The applicant's own disclosure of its plan terms before the tribunal did not constitute prejudice. The Court found the tribunal's approach to ensure a level playing field reasonable and called for no interference."

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Insolvency and Bankruptcy Code Corporate Insolvency Resolution Process Resolution Plan Committee of Creditors

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