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NCLT Mumbai: CoC-Approved Resolution Plan Binding on Government Creditors

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Summary

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  • The NCLT Mumbai has ruled that a Committee of Creditors (CoC)-approved resolution plan is binding on government creditors, affirming the commercial wisdom of the CoC in the RSAL Steel Private Limited case.
  • The resolution plan, submitted by L. G. Balakrishnan and Bros Limited, received unanimous support and was approved despite being below the liquidation value.
  • The Tribunal dismissed claims for CIRP costs related to disputed properties during the moratorium, emphasizing the limited scope for judicial review over CoC decisions.
  • This decision reinforces the finality of resolution plans under the Insolvency and Bankruptcy Code, potentially impacting future creditor claims against corporate debtors undergoing insolvency proceedings.

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