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Supreme Court of India 2020-01-22 allowed

MAHARASTHRA SEAMLESS LIMITED vs PADMANABHAN VENKATESH & ORS

Bench: 3 — Rohinton Fali Nariman, Aniruddha Bose, V. Ramasubramanian

In Brief

Maharashtra Seamless Limited won a corporate insolvency auction and agreed to pay Rs. 477 crores as an upfront payment to acquire United Seamless Tubular Private Limited, which had a liquidation value of Rs. 597.54 crores. The Appellate Tribunal directed MSL to increase the payment to match liquidation value, but the Supreme Court held that the Code does not require resolution plans to match liquidation value. The Court affirmed that judicial review is limited: courts must defer to the Committee of Creditors' commercial wisdom on resolution plans so long as they comply with statutory requirements and ensure creditors receive fair treatment. The Court also held that Section 12-A withdrawal provisions do not apply to successful Resolution Applicants.

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Insolvency and Bankruptcy Corporate Insolvency Resolution Process Resolution Plan Approval Liquidation Value Committee of Creditors Commercial Wisdom Creditor Classification Operational Creditors Financial Creditors

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