In Brief
In this landmark judgment concerning insolvency resolution under the 2016 Code, the Supreme Court held that the 75% voting threshold for Committee of Creditors (CoC) approval of resolution plans is mandatory and non-negotiable. When a resolution plan receives less than this threshold, it stands rejected and liquidation must be initiated. The Court held that NCLT and NCLAT have no jurisdiction to overturn the commercial decisions of financial creditors. Amended provisions lowering the threshold to 66% apply only prospectively from June 2018 and cannot rescue plans rejected under the old 75% standard. The judgment reinforces that creditors' business decisions are non-justiciable and that timelines fixed by the Code are binding.
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