It has been held that the opinion expressed by the CoC after due deliberations in the meetings through voting, as per voting shares, is the collective business decision and that the decision of the CoC’s commercial wisdom is non-justiciable
The New Delhi bench of the National Company Law Appellate Tribunal ( NCLAT ) upheld the resolution plan in absence of irregularity in the conduct of Corporate Insolvency Resolution Proceedings ( CIRP ) proceedings. Yashdeep Sharma, the appellant filed the appeal filed under Section 61 of Insolvency and Bankruptcy Code 2016 (‘IBC’) by the Appellant…