VidhiSangh

Supreme Court of India · 08/11/2019

MISHRA AND S. RAVINDRA BHAT, JJ.] versus RAVE SCANS PVT. LTD. & ORS.

[2019] 13 S.C.R. 1127 · 2019 INSC 1228

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Summary

A successful resolution applicant challenged the NCLAT’s direction to increase payment to a dissenting financial creditor to match other creditors. Considering the January 2017 commencement of insolvency proceedings, the plan’s treatment under the earlier regulation, its value above liquidation value and its otherwise final approval, the Court restored the NCLT’s order.

Issues

  1. Whether the NCLAT was justified in requiring the successful resolution applicant to match the payout to other financial creditors for the dissenting creditor in the circumstances of this plan.

Provisions considered

Held

Result

Appeal allowed; the NCLAT’s order was set aside and the NCLT’s order restored. No order as to costs.

Judgment PDF: Supreme Court of India, [2019] 13 S.C.R. 1127.