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Courts could not overrule decisions of Govt-Appointed Experts unless there was gross miscarriage of Justice
Case Law Details
- Case Name
- ABBA Consultants Private Limited Vs Insolvency And Bankruptcy Board of India & Ors. (Delhi High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All High Courts, Delhi High Court
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ABBA Consultants Private Limited Vs Insolvency And Bankruptcy Board Of India & Ors. (Delhi High Court)
Conclusion: Board is the authority to regulate the functioning of the Insolvency Professionals and the Board comprises of experts in the field who have been appointed by the Central Government to carry out the functions specified under Part IV of the IBC. It was well settled that Courts do not sit as an Appellate Authority over the decisions taken by the experts if the process adopted in the enquiry was fair, reasonable and transparent.
Held: Assessee-company contended that Insolvency Pro...
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