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1 - 10 of 20 (1.09 seconds)Section 30 in The Securitisation And Reconstruction Of Financial Assets And Enforcement Of Security Interest Act, 2002 [Entire Act]
Section 25 in The Securitisation And Reconstruction Of Financial Assets And Enforcement Of Security Interest Act, 2002 [Entire Act]
The Securitisation And Reconstruction Of Financial Assets And Enforcement Of Security Interest Act, 2002
Section 31 in The Securitisation And Reconstruction Of Financial Assets And Enforcement Of Security Interest Act, 2002 [Entire Act]
Section 38 in The Securitisation And Reconstruction Of Financial Assets And Enforcement Of Security Interest Act, 2002 [Entire Act]
Section 36 in The Securitisation And Reconstruction Of Financial Assets And Enforcement Of Security Interest Act, 2002 [Entire Act]
Section 2 in The Securitisation And Reconstruction Of Financial Assets And Enforcement Of Security Interest Act, 2002 [Entire Act]
Kalpraj Dharamshi Successful ... vs Kotak Investment Advisors Limited on 10 March, 2021
89. We also note the judgement of the Hon'ble Supreme Court in 'Kalpraj
Dharamshi v. Kotak Investment Advisors Ltd. (2021) 10 SCC 401', Hon'ble SC
recognised that consortium arrangements and subsequent inclusion of
entities are permissible so long as they are in line with the process
documents and approved by the CoC. The relevant para of the Judgment is
extracted below:
Arcelormittal India Private Limited vs Satish Kumar Gupta on 4 October, 2018
79. Given the timeline referred to above, and given the fact that
a resolution applicant has no vested right that his resolution plan
be considered, it is clear that no challenge can be preferred to the
adjudicating authority at this stage. A writ petition under Article
226 filed before a High Court would also be turned down on the
ground that no right, much less a fundamental right, is affected
at this stage. This is also made clear by the first proviso to
Section 30(4), whereby a Resolution Professional may only invite
fresh resolution plans if no other resolution plan has passed
muster."