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Supreme Court of India 2020-09-04 allowed

Karad Urban Cooperative Bank Ltd vs Swwapnil Bhingardevay & Ors

Bench: 3 — <UNKNOWN>, <UNKNOWN>, <UNKNOWN>

In Brief

Karad Urban Cooperative Bank Ltd challenged a NCLAT decision that had set aside an NCLT order confirming a resolution plan in corporate insolvency proceedings. The Supreme Court held that a corporate debtor's promoter/director cannot object to the CoC's bidding and commercial decisions—particularly when they attended CoC meetings without raising concerns—on grounds of alleged breach of confidentiality, defective invitation terms, or absent asset assurances. The Court allowed the appeal, finding the NCLAT wrongly interfered with creditor decisions and allowed a conflicted promoter to challenge arm's-length commercial judgments properly made by the independent CoC."

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Insolvency and Bankruptcy Code Insolvency Resolution Process Committee of Creditors NCLAT Appeals Corporate Insolvency Resolution Plans

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