SC flags bidders for undermining IBC
New Delhi, Feb. 28 -- The Supreme Court on Friday pulled up unsuccessful bidding companies in insolvency cases for challenging commercial decisions taken by lenders, warning that such attempts undermine the design of India's bankruptcy framework.
A bench led by Justice B.V. Nagarathna made the observations while upholding the resolution plan of Sarda Energy & Minerals Ltd for SKS Power Generation (Chhattisgarh) Ltd.
The court dismissed appeals filed by Torrent Power Ltd, Jindal Power Ltd and Singapore-based Vantage Point Asset Management, which had challenged the approval of the plan.
The court said losing bidders cannot seek a second chance by portraying commercial decisions of the committee of creditors (CoC) as procedural flaws. Such lit...
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