Supreme Court Limits Co-op Bids in Insolvency Cases

The Supreme Court has issued a significant clarification on the eligibility of co-operative societies wishing to act as resolution applicants under the Insolvency and Bankruptcy Code (IBC). The ruling, delivered on Thursday, confirms that these societies can bid, but only if they strictly follow the investment rules set out in the Multi-State Co-operative Societies Act…

Can a co-operative society act as resolution applicant under IBC? Supreme Court answers

A Bench of Justices JB Pardiwala and KV Viswanathan clarified that while co-operative societies are not barred from participating in the corporate insolvency resolution process (CIRP) as resolution applicants, their eligibility is conditional upon compliance with statutory restrictions governing investment of funds. “Section 64(d) of the 2002 Act permits an MSCS to invest or deposit…