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1 - 10 of 13 (0.28 seconds)Section 53 in The Companies Act, 2013 [Entire Act]
Section 5 in The Companies Act, 2013 [Entire Act]
Section 31 in The Companies Act, 2013 [Entire Act]
Section 25 in The Companies Act, 2013 [Entire Act]
Section 20 in The Companies Act, 2013 [Entire Act]
Section 28 in The Companies Act, 2013 [Entire Act]
Vinayak Road Carriers vs State Bank Of India & Ors on 4 July, 2019
v) The Hon'ble Supreme Court in the case of Committee of
Creditors of Essar Steel India Limited Through Authorized
Signatory Vs. Satish K. Gupta & Ors. [(2019) SCC Online SC 1478]
in Para 64 of Judgment and Order has reinforced the said position and
has held as under:
Section 326 in The Companies Act, 2013 [Entire Act]
Swiss Ribbons Pvt. Ltd. vs Union Of India on 25 January, 2019
Company Appeal (AT) (Insolvency) No. 729 of 2020 20 of 46
w) In the present case, the Resolution Plan submitted by the
Respondent Nos. 2 & 3 is silent on the manner of distribution to
dissenting creditors. Even otherwise, it is the CoC and not the
Resolution Professional of the Corporate Debtor who is cast with the
duty to decide and supervise the manner of distribution inter-se
creditors. Therefore, the alleged grievance of the Appellant being a
member of the CoC itself against the Answering Respondent is not only
wholly misconceived but contrary to law. The Hon'ble Supreme Court
in Swiss Ribbons Private Limited Vs. UOI (2019) SCC Online SC 73]
has categorically held that the resolution professional is a facilitator of
the resolution process, whose administrative functions are overseen by
the CoC and the Ld. NCLT.