Supreme Court Holds CoC Cannot Withdraw Approved Resolution Plan After Submission to NCLT Merely Due to Improved Financial Position – The Legal Affair

Introduction: The Supreme Court of India has reaffirmed the binding nature of a resolution plan approved by the Committee of Creditors (CoC) under the Insolvency and Bankruptcy Code, 2016 (IBC), holding that the CoC cannot withdraw its approval of a resolution plan after submitting it to the National Company Law Tribunal (NCLT) for approval merely…

CoC can’t withdraw approved insolvency resolution plan citing debtor’s improved financial position: Supreme Court

After considering the rival submissions, the Court upheld the NCLAT’s view that the CoC could not withdraw an approved resolution plan merely on the ground that the corporate debtor’s financial position had improved. It held that the binding nature of a resolution plan operates equally against both creditors and resolution applicants. Relying on its earlier…

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