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Nv Rama Raju vs Rajkumar Ralhan on 16 August, 2022 cites

Jaypee Kensington Boulevard ... vs Nbcc (India) Ltd on 24 March, 2021

64. The Learned Adjudicating Authority misinterpreted the Regulations 39(3) of the I&B Code, 2016 and not properly understood the judgment of the Hon'ble Supreme Court in M/s Jaypee Kensington Boulevard Apartments Welfare Associations & Ors. Vs. NBCC (India) Ltd. & Ors. in Civil Appeal No. 3395 of 20202. The Hon'ble Supreme Court in the aforesaid judgment held that the said amendment of sub-regulation (3) of Regulation 39 of CIRP Company Appeal (AT) (CH) (Ins) No. 61 of 2021 in IA Nos. 136, 137, 138, 477 & 478 of 2022 31 of 33 Regulations insertion of sub-regulation (3A) and (3B) thereto, could only be visualised as clarificatory in nature and in any case even before amendment there had not been any prohibition in putting two or more confirming Resolution Plans to vote simultaneously. The Hon'ble Supreme Court also clarified the intent of the amendment to the Regulations and the Hon'ble Supreme Court also did not hold that as per the amended regulation a fresh/final compliant resolution plans shall be called beyond the time stipulated under the Code. Further, this Tribunal is of the view that the amendment is only to consider the feasibility, viability of each plan and not to call fresh resolution plans (decided by RP) under the guise of final compliant resolution plan.
Supreme Court of India Cites 163 - Cited by 88 - D Maheshwari - Full Document

Amit Gupta vs Yogesh Gupta on 20 December, 2019

"16. Under Section 25(2)(h), the Resolution Professional is required to invite prospective Resolution Applicants who fulfil such criteria as may be laid down by him with the approval of Company Appeal (AT) (CH) (Ins) No. 61 of 2021 in IA Nos. 136, 137, 138, 477 & 478 of 2022 30 of 33 Committee of Creditors having regard to be complexity and scale of operations of the business of the Corporate Debtor and such other conditions as may be specified by the Board, to submit a Resolution Plan or plans. This was done by the Resolution Professional as can be seen from Annexure A-3. The invitation was issued with last date and time fixed as 12 o' clock noon of 18th August, 2018. Regulation 36-A of "the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016"
National Company Law Appellate Tribunal Cites 17 - Cited by 7 - Full Document
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