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Case Law Details

Case Name : Maharasthra Seamless Limited Vs Padmanabhan Venkatesh & Ors. (Supreme Court)
Appeal Number : Civil Appeal No. 4242 of 2019
Date of Judgement/Order : 22/01/2020
Related Assessment Year :
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Maharasthra Seamless Limited Vs Padmanabhan Venkatesh & Ors. (Supreme Court)

No Provision in IBC, 2016 which mandated that That Resolution Plan Should Match Liquidation Value

No provision in Insolvency and Bankruptcy Code, 2016 or Regulations has been brought to our notice under which the bid of any Resolution Applicant has to match liquidation value arrived at in the manner provided in Clause 35 of the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016.

It appears to us that the object behind prescribing such valuation process is to assist the CoC to take decision on a resolution plan properly. Once, a resolution plan is approved by the CoC, the statutory mandate on the Adjudicating Authority under Section 31(1) of the Code is to ascertain that a resolution plan meets the requirement of sub-sections (2) and (4) of Section 30 thereof. We, per se, do not find any breach of the said provisions in the order of the Adjudicating Authority in approving the resolution plan.

The Appellate Authority has, in our opinion, proceeded on equitable perception rather than commercial wisdom. On the ace of it, release of assets at a value 20% below its liquidation value arrived at by the valuers seems inequitable. Here, we feel the Court ought to cede ground to the commercial wisdom of the creditors rather than assess the resolution plan on the basis of quantitative analysis. Such is the scheme of the Code.

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