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november 2023

Supreme Court of India · 2023-11-29

HARI BABU THOTA vs

Citation / case number
SC 2023/26989
Court
Supreme Court of India
Petitioner
HARI BABU THOTA
Author
HON'BLE MR. JUSTICE SANJAY KISHAN KAUL
Bench
HON'BLE MR. JUSTICE SUDHANSHU DHULIA HON'BLE MR. JUSTICE SANJAY KISHAN KAUL

Judgment text excerpt

The Supreme Court examined the legality of the Resolution Professional's plan in an insolvency case under the Insolvency and Bankruptcy Code, 2016. The Court considered whether the plan submitted by the promoters and approved by the Committee of Creditors was valid, especially given the order dismissing the application on the ground that the promoters could not have presented the plan. The Court also addressed the eligibility of the Resolution Professional to continue in his role and the appropriate authority to refer the matter for further action. Ultimately, the Court emphasized adherence to legal procedures and the authority of the Insolvency and Bankruptcy Board of India in such matters.

HARI BABU THOTA vs · Niyam